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HomeMy WebLinkAboutSholowitz, Stephen Amend.#113 WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by .......... ~.TF~.H~.]~...~.~..~.T~.q~ ............................... requesting o change, modification and amendment of the Building Zone Ordinance including the 13uilding Zone Maps made a part thereof by chang- lng from Light II/dllstrlal District to"M" Light Multiple ........................................................... Re.siden.¢e D~strict the property descr;bed in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed w,th the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ........ 5~h.....day of .......... .~:.~.~:~ .................. , 19.~..~..., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is GRA~TED. DATED: MARCH 11, 1982. JUDITH T. TERRY SOUTHOLD TOWN CLERK RECEIVEO MAY 7 Ig8 .Town Clerk Soufholol P~fBL IC NOTICE OF }[FA R Please take notice that a publig Hearing :.~i]l be held b? the Planning Board of the Village of Ol'eenport on Ma~ 17; 1982 at 7:30 p.m. at the Vi]lage Ha]lj 236 ThUd Ytrset, Greenport, New York to hear all persons interested in the application and proposed. Site Develo~men% F~n of ~p]tton shilowitz. The app.lica~ion i~ in relation to ~ticlo X, Section 85-31 of ~e VJ/]~ge of Greenport Zoning ~dinance requiring Con,itel Use & Site Pl~ Approval bo co~tx'uc~ waterfront condc.m~i~ on property located at tho southerly end o[' Sixth Street in the Village of Greenport, ~rthor identified on the Suffolk County T~ ~.~ap as District lO01, Section 007, Block O1, Lot 16. Applicant proposes to co~r, ntct eight (8) cond~ini~ u~ts and a boathouso on said property. All persons wishing, to offer ~st~ony either for or ~gatn~t s~id application sh~]d appear at the above stated ~ime ~tnd place an-~ they -~ill be heard~ Dated: Apr'il 29, 1982 ~)Y OPDER OF THTi FLA~.~ING POARD VILL~,G£ OF GREENFOR ~ Nancy %.~. Cook~ Village Clerk 1T Apr. 29 OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD 'Iov, n Hall, 530':15 Mom Road ILO. Box 728 Southold. NcwYork 11971 rF LI:PIIONI May 7, 1982 Paul, Weiss, Rifkind, Wharton 345 Park Avenue New York, New York 10154 Garrison Gentlemen: This is to acknowledge receipt of the Notice of Amended Application to the Commissioner of General Services for a Grant of Land Under Water with regard to land listed under Armando Cappa & James F. Homan at the southerly end of Sixth Street, Greenpoer, New York. For further notification, please contact the undersigned. Very truly yours, Judith T Terry~ Town Clerk NOTICE OF APPLICATION NOTICE ~I~ION TO THE CO~.IISSIONER OF GENERAL SERVICES GRANT OF LRND UNDER WATER FOR A TAKE NOTICE, That, pursuant to Section 75, Subdivision 7 of the Public Lands Law, the undersigned will on the ..... 2.1.s.t ...... day of ..... J.u.n.e ......... 198.2., (this date must be twenty-eight days after date of first publication) make an ap. plication to the Co..~nissioner of Caneral Services for a grant of the land under water hereinafter described. Any person deeming himself liable to injury by said grant, should before said date file winh said Core.missioner of General Ser- vices, Tower Building, Empire State Plaza, Albany, New York, a re- monstrance stating his reasons for opposing said grant· The land unde{ water above mentioned is bounded and described as follows, to wit: Ail t~t certa~ P~'cel of l~d now or fo~erly ~der the wa~era of Pi~es Cove, situate ~ the Village of Greenport, To;~m of Soutbold, Cowry of S~fo~: ~d State of New Yo~k, berg ~mre p~icul~iy bonded ~d described as follows: ~a~ at the ~tersection of a po~t ~ the orig~l ~ water l~e, established Feb~· eighteen, eighteen h~ed seventy-fo~ ~d the westerly side of Sixt~ Street, said po~ of begh~nir~ be~-~ dist~t seven h~ed ei~t ~d forty-clOt h~edths feet ~om the ~tersection of the westerly side of Si~h Street with the southerly side of a private road, fifty feet wide, also be~ the westerly ext~ns$on o~ vhe souther~ side of Cl~k Street; ~ thence ~-om the Po~t of ~g~, the follow~ fo~ co~ses ~d dist~ces ~to the waters of fipes Cove; 1) South twenty-r~e de~ees-five ~utes-forty second-West, five ~d seventy~i~t h~hs fee~. 2) South for~y-t~ee de~ees-t~y F~utes-West, one h~ed feet. 3) North fo~y-six de~ees-t~y ~utes-West, one h~ed si~y-five ~d fifty-six hm~edths feet. 4) North tP~y-two de~ees-t~y seconds east, one h~ed forty-fo~ mhd twenty-s~ h~edths feet to the orig~l ~ water l~e as ~mntioned; thence easter~' alol~ the orig~l ~ water l~e South fn~y-five de~ees-fi~y-~e ~utes-t~y seconds e~t, one h~ed r~e~y s~ ~nd si~een h~'ed~hs feet to t~e Po~t or Place of ~. The land of ~he undersigna~ applic~t, adjacent to the lands - applied for, is bounded on the: Dist. 1001, Sec. ~, B~. 1, Six~ S~t, Fif~ S~-~t P~k-- North by T~.~, %~,. ~$~e~.9105,.?g.. 40~East byVilla~e of Gre~ Dist. 1000, Sec. 4~, B~ 1 T~ Dist. 1000, Sec. 4~, B~:. 1, T - ~..~t 12, Libor 7395' P~ ~62' ~ ~t ~thwest o - ~. ~ . Y ............ ~ ........ l'Test by ~9..~: .~ip~F.8~Q, .Ps, .~Qp ..... Southeast by Dist. 1001, Sec. 7, Blk.1, ~ax Lot 17, Liber 5014, Pg. 481 Said adjacent land of the applicant is actually occuoied by (here insert names of oersons actually living uDon the property, whether applicant or applicant's tenants). See Schedule A'at{ached hereto and made a part hereof. It is the intention of tb~ undersigned to appropriate said land under water by improving the same as follows] - ~w bulkheadin~, construction of to%~houses, improvement of existing boat basin Dated, ..~P~$~.~!. , , !~2 ~ y ~ ~-' C,'' ~ - / , ~o Cappa ~ James ~. Homart ~'~ (Post Office Address) Stillwater %v~2~ Norman J. Sloane (A[tg~ney ~or Aomlicant) Cutebogue,.I!e3,i ~ork (Office and Post Office Address) 345 Park Avenue · 2~. Yark, .Ne~v. York.. 10~LS~ .......... F0~,i B SCHEDULE A Lot Designation Name (S) Dist. 1001, Sec. 7, Blk. Tax Lot 15, Liber 9105, Pg. 404 Dist. 1000, Sec. 49, Blk. Tax Lot 12, Liber 7395 Pg. 362' Dist. 1000, Sec. 49, Blk. Tax Lot 19.2, Liber 8820, Pg. 209 1 Dist. 1001, Sec. 7, Blk. 1, Tax Lot 17, Liber 5041, Pg. 481 Sixth Street, Fifth Street Park Applicant's Land William R. Rupp Alexander Scott Harriet J. Scott Walter H. Burden, III Village of Greenport Village of Greenport Armando Cappa James F. Homan .rL'DITII T T[ RRV OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 728 $outhold, New York 11971 TFLEPHONE May 3, 1982 Paul, Weiss, Rifkind, lVharton k Garrison B45 Park Avenue New York, New York 10154 Gentlemen: This is to acknowledge receipt of the Notice of Applicatiot~ to the Commissioner of General Services for a Grant of Land Under Water with regard to land listed under Armando Cappa & James F_ Homan at the southerly end of Sixth Street, Greenport, New York. For further notification, please contact the undersigned. Very truly yours, Judith T. Terry Southold Town Clerk 1982 NOTICE OF APPLICATION Town Clerk Southold NOTICE OF APPLICATION TO THE CO,~ISSIONER OF GENERAL · GRANT OF LRND U~_:DER WATER SERVICES FOR A TAKE NOTICE, That, pursuant to Section 75, Subdivision 7 of the Public Lands Law, the undersigned will on the ...... .2.1.s.t .... day of .J.up.e ............. 19 R~, (thi~ date F, ust be twenty-eight days after date of first publication) make an aonlication to the Cor~nissioner of Ganeral Services for a grant of th~ land under water hereinafter described- Any person deeming himself liable to injury by said grant, should before said date file with said Com~nissioner of General Ser- vices, Tower Building, Empire State Plaza, Albany, New York, a re- monstrance stating his reasons for opposing said grant. The land under' water above mentioned is bounded and described as follows, to wit: All that certain Pai~cel of land now or formerly un~de~r the waters of Pipes Cove, situate ~n the Village of Greenpo~t, Town of Southoma, Cotu~ty of Suffolk and State of New York, being more particularly bounded and described as follows: BeginnJ~ at the intersection of a point in the original high water line, established Feb~m~arY eighteen, el~]teen hundred seventy-four and the westerly side of Sixth Street, said point of beginnJ_ng being distant seven hunctred eight and forty-eisht hundredths feet from the intersection of the westerly side of Sixth Street with the southerly side of a private road, fifty feet wide, also being the westerly extension of the southerly side of Cla~k Street; ruu~ning thence from the Point of Beginning, the following fou~ coumses and distances into the waters of Pipes Cove; 1) South twenty-nine degrees-five minutes-forty seconds-West,· five and seventy-eight huu~dredths feet. 2) South forty-three degrees-thirty minutes-West, one hundred feet. 3) North forty-six degrees-tbJ-~ty ~finutes-West, one hundred sixty-five and fifty-six humdredths feet. ~) North thirty-two de~rees-thirty seconds east, one hunfa'ed forty-four and twenty-six hundredths feet to the original high water line as F~ntioned; thence easterly alor~ the original high water line South Thirty-five degrees-fifty-nine ~nutes-thir~y seconds east, one hundred r~inety six and sixteen hundredths feet to the Point or Place of 5eginr~_ng. The land of the undersigned_ applicant, adjacen~ to the lands applied for, is bounded on the: Dist. 1001, Sec. 7, Blk. 1, sixt]~ Street, Fifth Street Park -- · North by T~...Lo.t. %5.,..Li.b.e.r. 50.~.l~.?g . .~40East byV.il.l.a~.e.qf..Gv.e~n, pp..r~. .......... Dist. 1000, Sec. 4~, Blk. 1, Tax Dist. 1000, Sec. 49, Blk. 1, Tax Lot ;(~Jthw~st by L?.t .1.2.,.L.i.b.er.7.3?.5~ .P.g... 3.6.2. . lTest by !9...2, .L.i.b.er..8.8.20, .pg, .~0.9 ...... Southeast by Dist. 1001, Sec. 7, Blk.1, ~ax Lot 17, Liber 5014, Pg. 481 Said adjacent land of the applicant is actually occuDied by (here insert names of oersons actually living upon the property, whether applicant or applicant's tenants)· See Schedule A attached hereto and made a part hereof. It is the intention of the undersigned to appropriate said land under water by improving the same as follows: I~$~. bulkheadin~, construction of townhouses, imorovement of existin9 boat basin . ...................................... ........ 'Z"' ~ April 21, 108,2' /-~'' C ...... '-- ~ James F. Hbman ' - (Post Office Address) Noz'zr~m J. Slo~m~e (Attorney for Applicant) (Office and Post Office Address) 3~5 Pa~k Avenue FOFJ~ B SCHEDULE A Lot Designation Dist. 1001, Sec. 7, Blk. 1, Tax Lot 15, Liber 5041, Pg. 440 Dist. 1000, Sec. 49, Blk. 1, Tax Lot 12, Liber 7395 Pg. 362 Dist. 1000, Sec. 49, Blk. Tax Lot ~9.2, Liber 8820, Pg. 209 Dist. 1001, Sec. 7, Blk. Tax Lot 17, Liber 5041, Pg. 481 Sixth Street, Fifth Street Park Applicant's Land Name ( s ) Walter H. Burden, III' Alexander Scott Harriet J. Scott Lewis W. Greenhalgh Edith P. Greenhalgh Village of Greenport Village of Greenport Armando Cappa James F. Homan NOTICE OF AMENDMENT TO TOWN CODE AMENDMENT NO. 113 COUNTY OF SUFFOLK STATE OF NEW YORK NOTICE IS HEREBY GIV- EN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 9th day of February. 1982, the Town Boarel enacted the following amendment to the Town Code entitled "Code of the Town of Southold" together with the Building Zone Map forming a part thereof as fo)lows, to wit: Amendment No. II3 am- ends the Code of the Town of Southold by changing from "C" Light Industrial District to "M" Light Multiple Resi- dence Dist,'ict the property of Stephen Shilowitz situated at Greenport. in the Town of Southold~ New York, and more particularly bounded and de- scribed as follows:$ BEGINNING at a point on the ordinary high water mark of Pipes Cove distant on a course North 4h degrees 50 minutes 00 seconds West 3~5.$3 feet to the southwester- ly corner of land now ~r formerly of Harvey {said point being the southerly point of upland conveyed by the J & JW. Ellsworth Company to Franklin C. Ashby by a deed dated 1/3/56. recorded I / 9/56 in the Suffolk County Clerk's Ot~ce in Liber 4051 cp 255); · running thence along land of "Community Beach" North 47 de~cees 13 minutes 20 seconds East 130.38 feet to land now or formerly of Bralln; thence along said last mentioned land South 82 degrees 41 minutes 20 seconds East to a point masking the northwesterly car. net of lands of Village of Gr~enport: thence along the westerly line of lands of Village of Greeuport, .South 6 degrees 58 minutes 35 seconds West 176.72 feet to a point et the ~outhwesterly corner of the lands of VHinge of Greenport; thence along the southerly line of lands of Village of Green- port, South 37 degrees 35 minutes 40 seconds East 187.$9 feet to the northwester- ly line of land now or formerly of H~rvey; thence along the northwesterly line of said land now or formerly of Harvey, Patricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southoid. in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ................... ~ ................. weeks successivelY, commencing on the ....... ~ ..................... % d oF, ........... ...... ( ~,~ ( ~'~.~..-; ~..; ;;. :~z: .: = ........ =::=; ................................ ~ CI day of Sworn to before me this ...................... Notary Public South 29 de~s 5 minutes 40 ~nds West 0.39 feet to the ordinary high wete~ mm;k of Pipes Cove; thence along the ordinary high mark of Pipes Cove in a general northwester- ly direction to the point or place of BEGINNING, the last course being described by a tie - only as North 46 degt~es 30 minutes O0 seconds West 355.53 feet to the point or place of BEGINNING. Shown on Suffolk County Ta~ Map No. 1001-007-1-16 & 1000.049- 1-20, 25 & p/o 19. Dated: M~rch 11, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY, TOWN CLERK 1T-3/81/82(781 STATE OF NEW YOPK: SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one years: that on the 12th_day of March 19 82 she affixed a notice of which the annexed printed not5ce is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New Vork, to wit:- Town Clerk Bulletin Board, Town Clerk Office, Main Road, Southold, New York 11971 Notice of Amendment to the Town Ordinance, Amendment No. lib Change of Zone from "C" Light Industrial District to "M" Light Multiple Residence District on property of Stephen Shilowitz at Greenport, Toxm of Southold, N.Y. ~ -Judith T. Terry Soutbold Town Clerk Sworn to be before me this No. 52-8125850, Suffolk County NOTICE OF ~MENDMENT TO TOWN CODE AYENDMENT NO. 113 NOTICE IS HEREBV GIVEN thai. at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 9th da5' of February, 1982, the mown amendment to the Town Code entitled together with the Building Zone Hap Board enacted the following "Code of the Town of .~outhold' forming a part thereof as folIows, to wit: Amendment No. changing from "C" Residence District Greeaport, in the 113 amends the Code o~ the Town of Southold by Light Industrial District to "U" I,i~ht 3{ultiple the property of Stephen Shilowitz situated at Town of Southold, New Vork, and more particular 15' bounded and described as follows: BEGINNING at a point on the ordinat'y hi,ih water mark of Pipes Cove distant on a course North 46 degrees 30 minutes O0 seconds West 355.53 feet to the southwesterly corner of land now or formerly of Harvey (said point bein~ the southerly ~oint of upland conveyed by the J a J W. E]sworth Company to Frank] In C. Ashby by a deed dated 1/3/56, recoYded 1/9/56 in the Suffolk County Clerk's Office in Liber 4051 cD 255); running thence a]ong land of "Co~nunity Beach" North 47 de~rees 13 minutes 20 seconds East 130. 38 feet [o ]and now or formerly of Braun; thence alone said last mentioned land South 82 degrees 41 minutes 20 seconds Easl [o a point marking the northwesterly corner of lands of Village of Greenport; thence along the wester]y line of ]ands of V~lla~e of Gpeennort, South 6 deg'r~es 58 minutes 35 se,'onds W~st 176.72 feet to a point at the southwesterly cr~rner ef the lands of Village of Greenport: of Village of Groenport, East 187_59 feet to the thence along the southerly line of lands Soutt~ 37 der:tees 35 minutes 40 second~ northwesterly ] J ne ef land now ol' former- ly of' Harvey; thence along the northwes'terly line of said land now or formerly of [tarvey, South 29 de.q'rees 5 minu~s 40 seconds West 0.39 feet to the ordinary high water' mat'k eF D~Des ('eve; Pag~ 2 Amen¢. =rtl. No. 113 thence along the orditlary high water mark o[ Pipes Cove in a general northwesterly direction to the point or place of BEGINNING, the last course belng described by a t~e only as North 46 degrees ~0 minutes 00 seconds West .255.53 feet to the point or place of BEGINNING. Shown on Suffolk County Tax Ua0 No. 1001-007- 1-16 ~; 1000-049-1-20, 2.5 & p/o 19. DATED: March 11, 1982. BY ORDER JUDITH T. OF THE .~OUTHOLD TOWN BOARD TERRY, TOWN CLERK PLEASE PUBLISH ONCE, MARCH 18, 1982, AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN FAI,L, MAIN ROAD, SOUTHOLD, NEW YORK 1.1971. Cop[es to the following on March 12. 1982: The Long Island Traveler-Watchman The S~f~olk Times Town Board Hembers Building Department Van Tuyl Land Surveyors Vtlla~e of Greenport Town Clerk's Bulletin Board Stephen Shilowitz Richard J. Cron, a/c Stephen Shilowitz JUDITII 1' TERRY OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 M[ain Road P.O. Box 728 Southold, New York 11971 TELEPHONE ~516~765-1801 Harch 12, 1982 Mrs. Nancy W. Cook, Village Clerk Incorporated Village of Greenport 236 Third Street Greeaport, New York 11944 Dear Nancy: I am enclosing herewith letter from Suffolk County Department of Planning dated March 9, 1982 concerning the application of Stephen Shilowitz for a change of zone, resolution of the Southold Town Board granting the change, the legal notice of Amendment No. 113 which w~ll be published in the Long Island Traveler-Watchman and the Suffolk Times on March 18, 1982. Very truly yours, dudith T. Terry Southold Town Clerk Enclosures (3) RECEfl~:D~ T~wn Cl~rk COUNTY OF SUFFOLK DEPARTMENT OF PLANNING March 9, 1982 Ms. Judith T. Terry, Town Clerk Town of Southold Main Road Southo]d, New York 11971 Re: Application of "Stephen Shilowitz" for a change of zone from "C" Light Ind. to "~f' Light Multiple, Town of Southold. Dear ~. Terry: Pursuant to the requirements of Section 1330 of the Suffolk County Charter, the Suffolk County Planning Commission has notified the Inc. Village of Greenport concerning the above referenced change of zone. Having received no adverse response, the Commission will take no further action. Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner GGN:jk JUDI FH T. TERRY To~q CLERK REGISTRAR OF VITAL 5]TAT[$TIC$ Pursuant to Town Board of zoning action OFFICE O~' IOWN 't~LERK TOWN OF~SOUTHOED SUFFOLI~ZCOUNTY Southold, L. I., N. Y. 11971 Sections 1323 to 1332 of the Suffolk the Town of Southold hereby refers TELEPHONE (516) 765-1801 County Charter the the following proposed to the Suffolk Countv Planning Commission: New zonin? Ordinance Amendment of zoning ordinance Amendment of zoning map (change of zone) Location of affected land: west side of Sixth Street, on Peconic Bay, Greenpor~, New York. Suffolk County Tax Map No.: 1001-007-1-16 & 1000-049-1-20, 25 & p/o 19. within 500 feet of: X X The boundary of any village or town The boundary of any existing or proposed county, state or federal park. The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. The existing or proposed right-of-way or any stream or drainage channel owned by the county or for which the county has established channel lines. The existing or proposed boundary of any other county, state or federally owned land. The Long Island Sound, any bay it Suffolk County or estuary of any of the foregoing bodies of water. or within one mile of : Nuclear power plant. Airport COYA~ENTS: The application of Stephen Shilowitz for a chgn~e of zone from "C" L~nt Industrial to "M" Light Multiple Residence Distrfct, submitted to you on November 25, 1981 for comments, was approved by resolution of the Southold Town Board on February 9, 19S2. Thls change of zone is submitted to you for approval before publication of its adoption. Date February 10, 1982 ~/ Judith T. ~%rry Southold Town Clerk cc: Village of Greenport Stepnen Shilowitz Richard J. Cron, Esq. JUD[T[I T T[.RRY [OV, N ( LI' RK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TOWH Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE t516) 765-1.801 February 10, 1982 Mrs. Nancy W. Cook, Village Clerk Village of Greenport Greenport, New York 11944 Dear Nancy: The Southold Town Board at a regular meeting held on February 9, 1982 approved the change of zone requested by Stephen Shilowitz on property located on the west side of Sixth Street, on Peconic Bay, Greenport, Town of Southold, New York. Enclosed herewith is a copy of notification to the Suffolk County Department of Planning requesting their approval of the change of zone. Very truly yours, Judith T. Terry Sou~hold Town Clerk Enclosure CC: Stephen Shilowitz Richard J. Cron, Esq. Suffolk County Department of Planning MAYOR GEORGE W. HUBBAI~D TRUSTEES WILLIAM D. ALLEN SAMUEL ICATZ ?~nCl~4cS~uff~4d o~ reenporf RECEIVED ~ 236 TItIRD STREET GREENPORT, SUFFOLK COUNTY NEW YORK 11944 TELEPHONE (516) 477-0248 CL~RK NANCY W. COOK TREA~UNER JOHN F. COUGHLIN January 2 ]~ ].M82 .'frs. Judith Terry ~outh.:,],i To~r~ Clerk Town qa3 ] .'~aiD 2oa4 Zouthold, :4. ". 11971 Application :~f ?tephen '-hilovitz for chang-n of 7one from CC, to '~, for ~ixth 9treet goDftol~rl~U~l,~ De~r 'Ir_~, Terry: This is t:: anknc~'ledge receipt of your nc,+ico qf 'reg~tive n,.,e]nr~tSon ?~St.h ~o ?ignificant~ Effect on the ~nviron~ent dat. e~ Janu=r~- q], ]oq9 =nd received in my office on January 1~ ].9~. ~ha:~ you for the rocent correspondence 7colic office ha~J fo~'~rded to me r~£arding the application ce %ephen ~}:ilowf+,z. It v~s -cst Please fine! ~rc].osed for Fo~]r i~t~res% ~ Fl~blic Hev. rSng soho-dui, ed by the Creenport }3o%rd of Trustees for Feb~viry l;, 1PR? a% 7:00 p.m. 5t ~he Village i{a]l together wSth of r.=cen? correspondence concerpiDg !5"· <h~]~wit~'s auplic&%ion, ~hank ~.rou for izour coop~r~tion in 5Nis rT~tter. If I ~an be of an}-:i,%nizt, ance in the l~t. ure, please &:el frc'f to call me, I, er; %ruly yours~ T..ma$ . . Cook Vii laj~, ?Jerk O~C£Tf NEW YORK 11944 TFLFPHONE tSI6~ 477-0248 1-REASUKER JOHN ~ LOU£;IILIN Please take notice th;,? a Pui]l?e }Te,nrin~[ wi]] bc held by Lhe Board of T::-ust~:e9 of the Village of Gr~onport on 'Oebruary I,, 1982 at 7:00 p.m. at the Villase !!ail, ?J6 Tbfrd ~treet, qr~.el]i,ort, !Jew "ark to he:tr n]] persons in .~rest~] in +~h~' app].lc~tion rjr et:~f,h~'.n "hi]owitz to ;tree. nd Chnr, t. er ,q< of t.}.o $c~]o ,;1' 1.he "i~g~i;e,. , nf grrei:?nvt~ ina]uclirig the 7oni. n~T ~np ~y the adoption of n Lace] Law. Th~ ~l,p]ir~f. iov t? in rol~t, ion to a -k.~n~e of zore frcm C-G (Commr'rnial-qen~:r=l 7. ist, r~r'~) to. %[-C (l!al~,rfrcnt-Con~ercial Lis?riot) for bro].~.rty ,2.]l,~ae ,~f Grcenport, i.l,.rt.ffied f,-,r tax nap pur£.oros ;ir [)ist.rJ¢:t 1OO1~ ?,'!orion 007, Y. lnck I)]~ Lot 1(% e~:.:: ':! %~n' ,-',.:,."ri,~-..d. as fo]'lowt.:. Ali ?,hat certain pie?: f~iece or p:~rr'+:l of ]and, with ~he aLi]dings tkerenn erected~ situat, e., lJ/inc ~nd t,,:[ng in the Vi]lace of Lir,.enl,ort~ in ~e Town of ~,outhold, County of Suffolk a],d St'*t,e ,.t !~c-w York; £,]7~I:~Illl.q at an iV¢,D pipe at the north;oester].y c:orner st' %h~ l:~nd herein described (said point being the sout. hwest, erly corner of land of Ore. erfflalgh) distant on a course ~tortk 6h degrees 15 minutes 30 seconds East. 183.37 feet from the ordinary high watr!r mark nf Pip, s Coy,. :ts fnut,rl in 19C~; - ? i'2~'.NCE al. onC ~he uesterly llne of ~;]xth gtreetj ~:outh 7 degrees 1~ minutes ~/) seconms !;est 230.r')9 lent to the noF~h~,rly poinT, of l%nd now o~ fo~e~ly of I'~]NCE a].unu the northwes~rly line of s~id land n~m' or fo~er].y ~outh 2~ dasrees ~ minutes hO seconds "est 8~.69 f~t to the south bonndnry line of Village of qrF~enpori; T}~UCE along the south boundary l]n~ of "~]]~fe of C,r~.enFort in northwesterly direction 'lorth ~7 deqr~F.s 3~ minnies J~O seconds l.'est feet %o the point where same intersects the west boundary line of Village of Oreeni~or%; T]U]NCE along the west boundary line of vi]]agn of Grrenport~ North oO decrees ~ n~nutes 3~ qorcnds dast ]76.72 feet to the point or place of ~EGINI[ING. All pr-rsuns wishir4] Lo offer te:~Simony either foF oF a~aJnst said '~n~nt should a],peur at %he abov,~ stat~d time ano place ana they w~l] be Dated: Jan. ]Jl~ 1982 J'J3ER 0F 'DIE HOAiLB 0F TkUSTEEn VILLAGE OF GREEr~POET ~:ancy Cook, Village Clerk IT Jan. OJ~££Tf :lo: Prot, ~: Ed ~, Dear ~. ShJlowit, z: ?].ease find ~mclosed a copy of the Not~cE yUllr a[;t)]lcation for a change of zone from ,l(; to ~,' located at the co,~tt,,r]~., end of ?ixth Street. scheduled a ~]hlic 'k, nring on your a?p]icatiE~ 7:00 P.]% at th~. 'i]3mge Ua]l, 236 ~ird St,r, et, public notice was published in the ~uffolk 7Jmes ,~]so enclosing copies or re~en% co~e~;pon~ence 'ro~. of Greenport an:l action': +.h;~.f, h~,~. been faken, ub thu fallowing: 1. '.[oti(e of' }qlk. lic qa,~ring of Feb. I:, ation of No Jigmf]can, .Effect. on ~tter dat~,d 12/]5/Si from V~]]nEe concerr.ing ~l'~.eli~ort, P]anninC [~oard ~tter dui. ad 12/30/81 from David st.'~tur of 3rcft Letter dated 1/7/82 ~c,m vii. Attor. 6. L,:t, ter d:~t.,-.,i ]2/31/81 to ~tzf'~'t:]~~, n t,y, I. r~.fem'in~ j,,roj,oa(d applicat. Jon for 7. Lette~ d:.tcd 1/'~/~2 from f]uffolk Cour t.y 5. Greent.,ort i'l;,nnind Board report to VJl]; c mcernb~g 1/6/8~ resolution r,,c~-~.rdJ~ 9. ]lutice .;f 'omf]et~: Applicntion fro:r lYf;i!, f','.:%:ardin~ (:,)f)inu aonf..q~rlu,l ~n,l-e:ill l cchcdl~le, i fur ~4~,/82. Il' I cnn, be of f, rthcr s~rvir% please feel "-r, ct: kic!?.rd Cron~ ",sq. ,. ',o ':'J ' : 1.i I 11 : r~gar(ting ,:' rti' I.c132. ." nj, 'L !;: 'nil~g · ,:l De:lidder I I" ~ 'l.erk 236 THIRD STREET GR£FNPOR'[, SLTFFOLK COUN 1'~ NeW vor~ 1[ L[PIIONI CLERK Lhe applic~ticm of 2teph,-~n ~hi]o%~t~ foF % nh6n~e of ?.one fr~ ~G (~om~erc~al- .vne-ral) to 5;-C t, Waterfrcnt Conmer~N~]) fnr pr,,p-:'fy located at th~. sout.her]y · ~r~d Df '~ix%h Street %;here ~. ~n~]ow~tz proposes to constFuct condom~ium At a m~:~.ti.n6 c)t' thu yi]];~Ce of Or61;nFort, Planr£~n~ ~o&rd held on Januar3 o~ ] r.)~%2 & m.',tion ~4a~: rn~td,~ by .ram. Ui]]~.ms, ~.econded by Hary Ooyle ,mi c:~rr~cd to adop% th,: folJowinC rt:scdution z'e~aYd~n~ the application of 3'cjhen Sh~lowitz: ;A~ZJIP_kS: °l'.dt..hen Sidlo,,]ftz ~?? 'i. qd t,, the V~]l'q:e of Gt'~enport for .', ch.-n~e of ~'on~ from ~G (:3ommr:rcia]~enc.r:~l) to %f-Ii (%[at.erfront Co~erclal). f"r property locatn;~ ':1~ t}v, '.: f'~rther identifie~d nn the guff)]k ~],~c~ 0]~ Lot 16, and L~,A. Aos the ]'~t'e of P~reem,t?t. ~oard nF Trustees referT'od thSs ai.pliration to thc: qz'r,~n~:,ort P].arm~r~f~ BoarJ rnr their study ~,fl r~mendations, and .ft. { :A~s ete/he], Sh~lc~t,z app~'.r~d b rom thi~ ~]oa.,-I on two sapar:te occasions t.o explain h~s ai~F, licat, ion, .and ~,h:.I~..~. ~ a Dl'aft Envirc.ranenta] Impar't ~t.'.t.~¢-n'[ wag Filed %:ith f,h~ ]cmrd ~n bec~,mber 1], 19ill, ar_d ;..,,I,_.Ao~ Southo]d Town dec].ared .itnr, l f Ix'ad ~,Eency nnd mat~, a declaratiun of no siFnJficant ,.ff,~ct, and Wh..l.~.~, this !3oard be]~ev~-s ;, public hearing L:~ in order on th~s ~:t]ic.t. ion %o O,_': hfld by iht: Vi]]aCo Bor*rd of Trustees. orl ::;,: t COUNTY OF SUFFOLK DEPARTMENT (DF PLANNING (516) 360-55]3 LEE E. KOPPELMAN Village of Dreenport Village Clerk January 5, 1982 Applicant: Zoning Action! S.C.P,D. File No.: Stephen ~hilowltz C/Z "CG" Comarcial General to '~C" Waterfront Commercial Gp-82-1 Gentlemen~ Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County. Charter, £he above referenced applicatl~l which has been submitted to the'Suffolk County Planning Commission is considered Lo be s matter for local deCermlnstion. A decision of local determination should not be construed as either sn approval er disapproval. Very truly yours, Lee E. Koppelman Director of Planning Gerald G. New]nan Chief Planner ,~,~- ~ H~,UrPAUG[~, I.. I', N[W VO", ; '117a8 j. Of~c(T$ GREENPOR], gull t)[ k ('()UNT~ NFW YORK ]944 11 [[ PIION[ 1981 ~uffolk County Department oF Plann~nff Suffolk County Center Veteran9 t4emorLal }tigbway HauppauEe~ New York Atten: Ur. Gerald !lawman, Chief Planner Zoning iV,view ~ertio~ Dear ?.~. Newman: In accordance with tho provision:~ of the ?uFfolk County C'srter, Artic].e XIII, SectSon 130t, the V~ll'~ge of (~r,,enpo~ hereby ref,:rs the /'ollcming applieation to the Suffolk County P]annhtg Co~mlssi.)~ . The application is for a change of zanies district from ,].0 (Cor~ercial General) to W-C ( /,xfer lront C~mterc.Lal) for l,ropert}r located w ~ttltn ~;0,1 feet sf a ~tfolk County )xy or estuary ([}rtmnport iiarbor), ' Applicant I Stephen ,qhilowitz 330 East 33rd St. ~ew York, IJ. Y. Property located at: Southerly en~ of 6th District iOOZ~ Section Black 0l~ Lot 16 Applicant propos,~s to construct nine (9) reni:lential eondo~,nian units with mooring spaces for boats. The proposed ch,mge of zone ta ~e 'J-C District is l~ing applied for because waterfront, noMt~iniums are a per~ [;ted uso in tho U-C Eistrict. The propertM Jn quc.:,~{ion ]its in part withJ.r ~he Inco~orat~ Vil~ge of Groenport and the T~n of Fouthold and appropriate $>~,!I,lations have been submitted to both jurisdictions. ' 1. App]J. cation for change of zone P. Su~ey and zoning maps 3. Site ~lan 4, Short Environmental ; ns ~.sr, r]~nt Forms for ~mltho] d '. Orennport 5. I)raft Environmental Itnpact ~tatement 6. Army Corps of EnKineerS notice for bu]khoadinl~ 7. Planning Board resolutions and letter con~ernini E~S Copy of actions takes by f~outhold Town and co'rr(spond~nco. 9. Copy of Section 8~-10 of Zoninf; ~'dinanco resorting permitted uses in the ifc District of Greenpo],[, Suffolk C¢,t~.nf,~f Dept. ~.,' ,~lann~m~ application of C,t,~phen ~hflo%fztz CC: ~ayor & Village Hoard Planning !toard Vill;~o Attorrie3' Allen Smith MAYOR GFORGE 4. TRUSTEES %~.ILLIAM D ALLEN Sa. ML EL K&TZ LIx. M Fl LIEBLEIN P,~BERT I ~.FBB CLERK NANCY W. COOK rBEASURER J:)HN F COUGHLIN I'ILLAGE ATTORNEY &[kEN M SMITH 4516) 727-3277 RI FL'~ TO PO. BOX 27~ klVEI;HEAD, N.Y. 11901 · January 7, 1982 David DeRidder Associate Environmental Analyst New York State Department of Environmental Conservation Regulatory Affairs Unit Bldg. 40, SUNY--Room 219 Stony Brook, New York 11794 Re: Rezoning of certain lands on 6th Street in the Village of Greenport Dear Mr. DeRidder: Please accept this letter in reply to yours of December 30. Please be advised that Southold Town has adopted the rol.e of lead agency in this matter. I enclose for your reference it copy of their Negative Declaration dated December 8, 1981. SuL:;equent to the Town's Declaration, I wrote to Mr. Cron relative to lead agoncy status and I enclose a copy of that correspond(:nce. If I can De of further help to you pleage contact, r]s. Very truly yours, AMS:gac Enclosures Allen M. Smith bcc: Nancy W. Cook, Clerk New York Stale Depa~ment of Environmental Conservation Regulatory Atfairs Unit Bldg. 40, SUNY--Room 219 Stony Erook, b~ 11794 (516) 751-7900 Robert F. Flacke Commissioner December 30, 1981 b~yor George W. Hubbard incorporated Village of Greenport 236 Third Street Greenport, Pm 11944 RE: Draft EIS required by Village of Creenport for propos:~,l ~ unit condominium development, boathouse, single family resl_,]e'ace and expansion of existing boat basin by Stephen Shilowitz. Dear Mmyor Hubbard: The New York State Department of Environmental Conservatiort has .a pending application for a State Wetlands permit for the abeve project. The applicant ha~ informed us that thc Village as lead age,icy has re- quired a Draft Environmental Impact Statement by reso]utio[1 dated October 26, 1981. I am writieg to clarify the requirements of Article 8 with I'espeet to responsibilities of the lead agency (617.8) of the SEQRA rE~gulations. I refer specifically to Section 617.8 (c) where the lead a;~.ency must file a notice of completion of a DEIS to all involved agencies. The agencies involved in approving the project is the To~m of l~cuthoid, Suffolk County Dept. of Health Services and this Department as well aa the Village. As Rn!.involved agency we request the above documents to allow us to proceed with the pending wetlands permit application. Tbank you for your anticipated cooperation with regard to the above. DD:cz Enconsultant$, Inc. Town of Southold R. Jewall, SCDHS C. Hamilton Sincerely, David DeRidder Associate Environmental Aaalyst ' V!LL~,.CL: C::: F; ' MAYOR GEORGF ~,' t]UI]IrlARD TRUSTEES ~,'ILLIAM D AILEN SAMI:F£ KATZ WILLIAM I[ [I[BIFIN ROBERT'/ V, EBB 236 THIRD STRFET GREENPORT, SUFFOLK COUN~ NEW YORK Ile44 CLERK N&NCYW COOK TREASURER JOIIN F COUGIILIN VlLt.AGE A'FrORNEY A LEN M SMITH R~'P[7 TO: PO. BOK 27Q RIVBRIIEAD, N.Y. 1190l December 18, 1981 Richard. J. Cron, Esq. Main Road Cutchogue, New York 11935 Re: Sixth Street Condominiums Dear Dick: Please be advised that pursuant to the prior reso].ution of the Village Planning Board and the submission of the dr~.ft of the Department of Environmental Conservation's statement by your client on December 11, the Village Planning Board declines to act as lead agency under the Village Code er Part 617 of NYCRR. Very truly yours, Allen M. Smith AMS:gac cc: Nancy W.' Cook 'CC: ~EN-~ New YO, . ~ldtu D~,p,lrln ,', S.pervlfor of So.thola NOTICE OF COMgLETE API:'LICATIO",I U.S. Fish & Wildlife Service PERC Fi] e [HIS 13 ,')~ .-\ TO: ,\pplicanl Enconsultants for Stephen Shi_l.owitz _. ,\ddress 64 North Main Street w,r, Southampton, L'Y 11968 7 :;7-C'5o P'-::7.' Tidal Wetlan.d~, Protection c.f Prolect L)escrq)t~on To'.'.r', ~outhc, ld (~r, , Suffolk ['1 arm Site Location: / ~ ~ -~ ' Con~truct 8 condominium units, boa~ house."an~ part:in:~ ~,rea. ~,::~,ns :ruer ~89~ 1. ~ of timber bulkhead and construct 400~ 1.f. of timber bulkhead. ]:xp ~d existing boat basin by .removing 5,000 cubic yards of material from up]aid to ~ depnh of 1] below mean low water. Fill in 20' X 15' area of exi;t:ng watt,wa,/. Con.;truct lb' 4' floating dock attached to four 44' X 4' ~in.gcr floats. Prefect 'aqui~es varid from Tidal Wetlands Land Use Regulations for develop.aent densi~',, an[ senback fro:: tidal wetland. Project is located west of 6th fbroe: and John~oa P .~ce, Pipes C.~' Greenport, To~ of Southold, County of Suffolk. L[AD AGENCY. T~own~o_[ S_outhold S[QR DETERMINATION' (ch,, k dl;,)rl)fir,,He [)tS,I Daniel J. Larktn ~SDEC, Bldg. 40, S~A'--Roora 219 Stony Brook, IA' 11794 (516) 751-7900 OFFICE OF THE '['OWN CLERK tOWN OF SOUTHOLI) Iowa Ilall, 530')5, M,il] IZ. oml P.O. Box Soulhold. New York 11971 1ELEPHON£ January 11, 1982 lira. Nancy W. Cook, Villaae Clerk Incorporated Vi llaae of Greenport, Greenport, New York ]1944 Frown: Judith T. Terry, Southold Town Clerk 236 Third Street Transmitted herewith, for your infomnation, is Neaative Declaration, Notice of No $~anificant Effect on the Environment adopted by the Sou~hold Town Board on December 8, 198l in the mat~er of the applies1 of Stephen Shi]owitz for a chan~o of zone from "C" Liaht Industrial District ~o "M" Light Multiple Residence District on certain property located on the west aide of S~xth Street, on Peconic Bay, Town of Southo]d, Greenport, New York. CERTIFIED MAIL ftETURN RECEIPT REQUESTED VILLAGE OF CF;V,' r".:' 'roTw~{ OF $OUTl Southo[d, L. [.~ N. Y. 11971 NEGATIVE DE( L,~LA 1 NOTICE OF NO SIGNIFICANT EEF~K'T ON Ttt~ ENVIRONMENT IELFPIIONE (5161 765 Dated: December 8, 1981 Pursuant to Arti¢:]e 8 of the Environmental Conservation Law Seat~_~ Environmental Quality Review and G NYCRR Part 61.7, Section Gl7.10 and Chnpter 4.t of the Code of tile Town of Sou~bold, notice Js hereby given that the Soutl~oId Town Board, as lead agency for the action described below, has determ:lned that the project, which .~ is unlisted, will not have a signific, ant effect on the environment DESCRIPTION OF ACTION Application of Stephen Shilowitz for a change of zone from "C" Light Industrial District to "M" Light Multiple Residence District on certain property located on the west s~de of Sixth Street, on Peconic Bay, Greenport, New York. The project bas been determined not to have a sJg'nJficant effect on thc environment for tile foll()wJng reasons: ~I1 envJ rolntl£Oiltal assessment [las been submitted which indicated that no significant adverse effects to the environment are likely to occur should the project bo ~mp]emented as planned. Because there has been no response in tile allotted time lronl tile New York State Department of Environlnental Conservation, it is as~;umed that thoro Js no objection nor comments by that agency. - Further information can be obtained by contacting Mrs. Judith T. Terry, Town Clerk, Town of Southold, Town Hall, Main Road, -Soutbold. New York 11971. Copies to: David DeRidder, DEC, Stony Brook CommJssioner Flacke, DEC, Albany Southold Town Building Department Town Clerk Bulletin Board Richard J. Cron, Esq., a/c Stephen Shilowitz Village of Greenport Architect Stephen Shilawitz, A.I.A. January 12, 1982 Judith T. Terry Southold Town Clerk Town of Southold Town t~all, 53095 Main Road Southold, NY 11971 RECEIVED 1,'- 1BS Tow~ Clerk ~outt~d Dear Mrs. Terry, Enclosed herewzth are two color prints,(8"x10"), of the rendering of my project for your file and review. A photograph of the model and a copy of the drawing of the site plan have already been delivered to you by the office of Richard Cron, my attorney. I also wish to thank you for the prompt attention to the recent request of Norman Sloane to re-issue the Negative Declaration, etc. to the various interested individuals. Very truly you~s, ......... -.. , SS/as ' {/ eric]. JUDITtt T. TERRY TO~2N CLERK REGISTRAR Ol VI]Fa, L ST.',JISTIC$ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 January ll, 1982 To: Mr. Roy Reynold County of Suffolk, Department Health Service, County Center, of Health, Riverhead, From: Judith T. Terry, Southold Town Clerk Environmental New York 11901 located on the west Southold, Greenport, RECEIPT FOH. CERi ~FiED MAI,_ Transmitted herewith, for your information, is Negative Declaration, Netice of No Significant Effect on the Environment adopted by the Southold Town Board on December 8, 1981 in the matter of the application of Stephen Shilowitz for a change of zone from "C" Light Industrial D~strict to "M" Light Multiple Residence District on certain property side of Sixth Street, on Peconic Bay, Town of New York. Roy Revnold, Dept. ofl ~It~t,t~ph,'. County Centerl ~jj?r ~ead , NY 11901 2J SLrDITtt T. TERRY REGISTRAR O¥ V[T,\L ST \I'ISTIC$ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 January ll, 1982 To: Mr. Robert Russo U, S. Army Corp of Engineers, Regulatory Branch, 26 Federal Plaza, New York, New York 10278 From: Judith T. Terry, Southold Town Clerk Transmitted herewith, for your information, is Negative Declaration, NoTice of No Significant Effect on the Environment adopted by the Southold Tox~m Board on December 8, 1981 in the matter of the application of Stephen Shilowitz for a change of zone from "C" Light Industrial District to "M" Light Multiple Residence District on certain property located on the west side of Sixth Street, Southold. Greenoort, New York. RL,.,~Jr'~ rt_lM c-~-Hlil'lt:l..) MAIL 517. Robert Russo IU. S. Army Corp of En~_ :Regulator? Branch '26 F~deral Plaza New York, N.Y. 10278 ~ ~ I /) on Peconic Bay, Town of JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-I801 January ll, 1982 Tol Mr. Daniel Larkin, N.Y.S. Department of Environmental Conservation, State University of New York a~ Stony Brook, Building 40, Stony Brook, New York 11794 From: Judith T. Terry, Southold Town Clerk Transmitted herewith, for your information, is Negative Declaration, Notice of No Sigificant Effect on the Environment adopted by the Southold Toxm Board on December 8, 1981 in the matter of the application of S~ephen Shilowitz for a change of zone from "C" Light Industrial District to "M" Light Multiple Residence District on certain property located on the west side of Sixth Street, on Peconic Bay, Town of New York. JUDITtt T TERRY TOWN CLERK REGISTRAR Ol VITAL STA'[[S][ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-[801 January lI, 5982 To: From: Mrs. Nancy W. Cook, Village Clerk Incorporated Village of Greenport, Greenport, New York 11944 236 Third Street Judith T. Terry, Southold Town Clerk Transmitted herewith, for your information, is Negative Declaration, Notice of No Significant Effect on the Environment adopted by the Southold Town Board on December 8, 1981 in the matter of the application of Stephen Shilowitz for a change of zone from "C" Light Industrial District to "M" Light Multiple Residence District on certain property located on the west side of Sixth Street, on Peconic Bay, Town of Southold, Greenmort, New York. P04 ' "' RECEIPT FOil CERTIFIED MAIL gU INSURANCE COVERAGE POUVlOl:O-- 'irs. Nanc~ w. o [Village Clerk, Inc. 2~T~o~t r ~et / Greenport, N.~. I1944~ JUDITIt T. TERRY TO',hN CLERK REGISTRAR O[ VIFALSTAIISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-180/ January 11, 1982 To: Board of Southold Town Trustees To%~m Hall, Main Road,Southold, New Yprk From: Judith T. Terry, Southold Town Clerk 11971 Transmitted herewith, for your information, is Negative Declaration, Notice of No Sigificant Effect on the Environment adopted by' the Southold Town Board on December 8, 1981 in the matter of the application of Stephen Shilowitz for a change of zone from "C" Light Industrial District to "M" Light ~ultiple Residence District on certain property located on the west side of Sixth Street, on Peconic Bay, Town of Southold, Greenport, New York HAND DELIVERED BY JUDITH T. TERRY, TOWN CLERK JUDITH T. TERRY TO~N CLERK REG[$¥RAR Ol" VITAL STA,ISTIC$ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 January Il, 1982 Norman J. Sloane, Esq. Paul, Weiss, Rlfkind, Wharton & Garrison 345 Park Avenue New York, New York 10154 Dear Mr. Sloane: Enclosed herewith are copies of letters forwarded to those individuals requested in your letter of January 8, 1982, with referecne to the application of Stephen Shilowitz for a change of zone at Greenport, Town o£ Southold, New York. Very truly yours, Judith T. Terry Southold Town Clerk cc: Stephen Shilowitz JUDITH T. TERRY REGISTRAR O[ VITAL S1ATISTICS ..) Soathold, L. 1., Ix/. ¥. 11971 NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT TELEPHONE (516) 765-1801 Dated: December 8, 1981 Pursuant ro Article 8 of the Environmental CoDservation Law State Environmental Quality Review and 6 NYCRR Parr 6~7, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Sou~hold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted, w~ll not have a significant effect on the environment. DESCRIPTION OF ACTION Application of Stephen Shilowitz for a change of zone from "C" Light Industrial District to "M" Light Multiple Residence District on certain property located on the west side of Sixtb Street, on Peconic Bay, Greenport, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment bas been submitted which indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation, it is assumed that there is no objection nor comments by that agency. Further information can be obtained by contacting Mrs. Judith T_ Terry, Town Clerk, Town of Southold, Town Ball~ Main Road, 'Southold, New York 11971. Copies to: David DeRidder, DEC, Stony Brook Commissioner Flacke, DEC, Albany Southold Town Building Department Town Clerk Bulletin Board Richard J. Cron, Esq., a/c Stephen Village of Greenport Shilowitz p..~[_rL, V.,'EI$$. RIFKIND, WHAR. TON ~, GARRISON NEW YORK, NEW YORK 10154 (212) 644-8739 TOWId OF SOUTHOLD January 8, 1982 Mr. William Pell Town Supervisor Town of Southold Town Hall Main Road Southold, New York 11971 Re: Southold/Greenport Waterfront Condominium Pro~ect Dear Mr. Pell: In accordance with our telephone conversation with Stephen Shilowitz, the Negative Declaration issued by the Town of Southold on December 8, 1981 should be redated and copies sent as soon as possible by mail to the following: 1. County of Suffolk, Department of Health, Environmental Health Service, County Center, Riverhead, New York 11901 Attention: Mr. Rov ~.~,nold. 2. U.S. Army Corp of ;~n~ :~neers, Regulatory Branch, 26 Federal Plaza, New Y~rk, .;e~.,,' Y'ork 10278 Attention: Mr. Robert Russo. Conservation, Building 40, Larkin. New York State Depar-~':nn~ of Environmental State University of New York at Stonybrook, Stonybrook, New York 11794 Attention: Daniel 4. Incorporated Village of Greenport, 236 3rd Street, Greenport, New York 11944 Attention: Nancy W. Cook, Village Clerk. PAUL, WEISS, RIFK[ND, WHARTON g GARRISON Mr. William Pell 5. Board of Southold Town Trustees, Town Hall, Main Road, Southold, New York 11971. I believe that it would be advisable that all of the above be sent certified mail, return receipt requested so that we have evidence as to the date of mailing. Thank you for your cooperation and attention. If you have any questions or comments or if I can be of any assistance, please do not hesitate to call me. Very truly yours, Norman J. ~·~loane -~-~-~ NJS/dl cc: Mr. Stephen Shilowitz Bernard Greene, Esq. PUBLIC HEARING SOUTHOLD TOWN BOARD JANUARY 5, 1982 8:00 P.M. IN THE MATTER OF THE APPLICATION OF STEPHEN SRILOWITZ FOR A CHANGE OF ZONE FROM "C" LIGHT INDUSTRIAL DISTRICT TO "M" LIGHT MULTIPLE RESIDENCE DISTRICT ON CERTAIN PROPERTY AT GREEN-PORT, NEW YORK. SUPERVISOR PELL: I call to order the hearing on a change of zone from "C" to "M" in Greenport, Long Island, New York, application of Stephen Shilowitz. I will ask that the notice be read by Counc.lman Murdock. COUNCILMAN MUEDOCK: "Pursuant to Section 265 of fhe Town Law and requirements of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearing will be held by The Southold Town Board at the Southold Town Hall, Main Road, Southold, New York, on the following proposal of Stephen Shilowifz to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York, on Tuesday, January 5, 1982: 8:00 P.M. by changing from "C" Light Industrial District to "M" Light Multiple Residence District all that certain plot, piece or parcel of land situate, lying and being at Greenport, in fhe Town of Southold, County of Suffolk and State of New York, bounded--" by the legal descripfion which is in the folder and I will not read all of it. "Any person desiring to be heard on fhe above proposed amendment should appear at the time and place above so specified". I have an affidavit of publication by Patricia Wood on behalf of the Long Island Traveler-Watchman, and affidavit by Karen ,lean Rysko on behalf of the Greenport Suffolk Times, and an affidavit from Judith T. Terry, Town Clerk saying that the message was properly put on the Town Clerk's Bulletin Board. I have a letter from the Planning Board of The Town of Southold addressed to the Southold Town Board: "Gentlemen: At a regular meet- ing of the SouThold Tox~ Planning Board, Monday, November 23, 1981 The following action was taken: RESOLVED that the Southold Town Planning Board recommend approval on the application of STephen Shilowitz for a change of zone from "C" Light Industrial DisTrict to "M" Light Multiple Residence District based on the following reasons: 1. would upgrade the area, 2. would upzone the area, 3. the operation will be serviced by bo~h municipal water and sewerage, 4. recreational boating, along with other amenities would be conducive to the area." Signed by Henry E. Raynor, Jr., Southold Town Planning Board Chairman. I have a message from fhe Suffolk County DeparTmenT of Planning. "Town Clerk, Town of Southold, Gentlemen: Pursuant to the requirements of SecTions ]323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to The Suffolk County Planning Commission is considered to be a ma~ter for local determina- PAGE 2 - P[~LIC HEAR ~ - STEPHEN SHILOWITZ - CB GE OF ZONE tion. A decision of local determination should not be construed as either an approval or disapproval." Signed by Lee E. Koppelman, Director of Planning. SUPERVISOR PELL: Thank you very much. You have heard the reading of the public notice on the application of Stephen Shilowitz. I will ask anybody who wishes to be heard in favor of the application may address the Board at this time. In favor of. RICHARD J_ CRON: I am an attorney with offices at Main Road, Cutchogue, New York and I'm here in behalf of the applicant for this particular application. As Mr. Murdock so indicated, the application or the nature of this application is one to effect a change of zone of property that's situated at Greenport, off Sixth Street, in the Town of Southold. The change of zone that's being requested is basically an upzoning of this property which is present- ly in a "C" Light Industrial area, to an "M" Light Multiple Residence area. I believe the application has a tremendous amount of merit because the purpose for which I will go into shortly. As to the use of the property I believe is something fhat both the Village of Greenport and the Town of Southold can both prosper with. By way of background, this particular parcel is a piece of approximately two and a quarter acres. It was formerly an oyster processing plant and currently is being used by commercial fishermen, mostly as a mooring and docking berth. The proposed use of the land by Mr. Shilowitz is to construct and maintain basically eight condominium units, four of which will be in two separate buildings. He also intends to build his own residence, or a condominium nature, with his own boathouse in the northwest corner of that parcel_ So the actual use in terms of residential use will be in the nature of nine units. The people that I have brought here to speak to the Board this evening consist both of Mr. Shilowitz who is both an architect and the applicant in this particular application to this Board. Mr. Shilowitz is basically not a stranger to this area. He has been in th~s area for some 13 years and is a true boating enthusiasf, which is basically the reason that he is getting, I think, involved in this particular application. Because of the waterfront nature of the project we also have with us Tom Samuels who is the president of James H. Rambo, Inc., who will also make a presentation to the Board which will deal primarily with tile reconstruction and construction of the bulkheading that's needed to complete this project. And finally, a name, I'm sure, that will be no stranger to the Board, is ~r. Roy Haje, who for a number of years was an important person in the Depart- ment of Environmental Conservation and ~s now the president of Eh- consultants, Inc., a firm which deals primarily and princfpally with environmental matters. I have asked each of the participants to limit, if at all possible, their presentation fo the Board for a period of approximately ten minutes, with the expectation that perhaps the Board or others present may have something to say or want to be heard so we don't want to unduly delay or prolong the program_ With that I would like to ask Mr. Steve Shilowitz to make his presenfation to this Board which will consist primarily of what he intends to do. The nature of the use of the land, the type of condominium that will be constructed and all matters relating thereto. If you would, Steve, I ask you to step forward_ PAGE 3 PUBLIC HEARi 3 - STEPHEN SHILOWITZ CH_ .GE OF ZONE STEPHEN SHILOWlTZ: (Mr. Shilowitz displayed a model of the proposed condominiums and plot layout of the proposed project, and an artists rendering of the project.) I would l~ke to believe that the design that I am involved with, that it's so clear if needs few words, and that perhaps in view of the fact this property is very well known to you that it in fact does just that, so I will try to be very brief and perhaps invite your questions. I find it somewhat easier to speak of the model, though the drawing quite accurately shows the basic elements. The basic elements are, the site facing out across towards Shelter Island; the existing basin which I am proposing to enlarge and I will trace my finger along the existing line so that I am now propos- ing to dredge this area (indicating) about a boat length to make safe berth for the vessels; and two groups of each one four homes with common party walls; my own house of somewhat indeterminable design at the moment, which will be situated at the far end of the property. Sixth Street ls here and there is a Greenport park running over here clear to Fifth Street and the Old Oyster Factory Restaurant on the other side of the park. The proposition here is that these will be very substantial houses, each one separate in itself except for a common party wall. Each house being essentially of two living levels with a garage within the house underneath, so that in the truer sense they are really individual residences rather than one above another. Each house it is proposed is going to be included with its own private berth so that there are berths for eight boats, plus my own, and that is the scope of the project. I am intending to more or less maintain the present entrance to the property which is there now by means of a driveway. There will be parking, as I said, for each house within each house one car, and in addition guest parking behind. I am going to remove an existing structure which I am told, and I can see for myself, doesn't have much more life left to it. It ~s a small wooden structure down in here, and I will landscape this area so that in a visual sense it is really going to include what one sees as a park. Each house has been situated to maximize the really spendid view. I think I have covered the highlights of the design. The roof line of both my ~nodel and the drawing indicates a pitched roof affair, we architects would call it a mansard roof, and I have carried my scheme far enough so that I am convinced I am going to be able to provide in effect a widow's walk, I like to call it, on each roof, private to each owner,so that they can enjoy the view even more and in the comfort of basically their own roof. As I say, I think I have hit upon the major elements. I, perhaps, ought to really ask if you have some questions about the design. I've stayed away from some of the details. It is wood construction. The materials are essentially that, and there will be a great deal of landscaping around this five foot berm or bank which I am going to take the dredged spoil and bring up to raise the level of five feet. That is the story. SUPERVISOR PELL: Gentlemen of the Board, anything you would like to ask Mr. Shilowitz? JUSTICE EDWARDS: Yes, I have a question. Do you plan a solid bull(- head both on the open water side and your lagoon? MR_ SHILOWITZ: The bulkhead will be either repaired or new bulkheading put ~n, certainly where I dredge, but the entire perimeter of the site will be solid bulkheading, if I understand the question correctly. PAGE 4 - PUBLIC HEARi..G - STEPHEN SHILOWITZ - CH=..,GE OF ZONE COUNCIL~N MURDOCK: Approximately how much is the square footage of each living unit, have you figured that out? ~. SHILOWITZ: Yes. Better than 2300 square feet. Ouite a large house. The rooms are exceedingly generous_ COUNCILMAN MURDOCK: Between both levels? MR. SHILOWITZ: Yes, that's all inclusive, and frankly I am aiming for a substantial client here who would be presumably the owner and the slips were designed to accomodate a 40 to 50 foot boat. Obviously something smaller would fit in it, but that is not the economics of this project. The economics definitely dictate a very substantial type of residence. COUNCILMAN MURDOCK: The other question I have is simply dealing with waterfront. Will there be swimming access to the Bay or do you plan on the residents availing themselves of the park at Sixth Street? MR. SHILOWITZ: The answer to that really is I am not providing either a pool nor beach area. There is one small access, but that strictly speaking is to the west of the site which still lies on my property, but I think very clearly there is a fairly fine beach, that is to the east and belongs to the park, that they would avail themselves of that. SUPERVISOR PELL: Anybody else° COUNCILMAN NICKLES: How many units are going to be in the Town of Southold? MR_ SHILOWITZ: I believe that it is five and a half and counting mine-- yes, five and a half. Mine is totally in Greenport_ So two and a half are in Greenport and a half actually occurs because the property line almost exactly is falling the way my finger is being traced and I believe it goes right through this third unit so that leaves two and a half plus mine in Greenport and the remainder in Southold - five and a half. SUPERVISOR PELL: Anybody else? (No response. and will list to the next one. If not, we thank you MR. CRON: As the Board can readily see, this ,s clearly a waterfront type of community and a look at the visual presentation on the wall will also show that there is a great deal of wood or bulkheading and broadwalks. The person that we have brought here this evening to explain the nature of what will be done in relation to those things, as I previously indicated, is Thomas Samuels who is the pres,dent of James H. Rambo, Inc., a firm that not only has done work on the North Fork but as well, of course, on the South Fork. I think Tom can probably tell you all you would like to know. You jumped a question one me, but if you have any now, I'm sure that Tom Samuels can answer them for you. MR_ THOMAS SAMUELS: This is the third prospective scheme that I've seen on this site. I know must of you are aware that there have been PAGE 5 PUBLIC HEARi J - STEPHEN SHILOWITZ - CH. ,GE OF ZONE other people interested in developing. I've worked with all these people at various stages. This is the first owner of this property, prospective o~mer of this property, that has had the vision to actually plan the thing out so it will work. It will work because it is environmentally sound, it's going to be beautiful. The Greenport waterfront, as we all know is, I believe in terms of Greenport Village, a sleeping giant. It's underutilized, it's to some extent unattractive. This particular site has been dormant for some time. It looks pretty bad. We've done projects like this over on the south side. This is probably, as far as design is concerned, superior to all of the ones I've been involved with. I think the marketability of these units which some people might be sceptical about because they are going to be expensive. That exists, definitely exists_ There isn't just this type of scene available. The people who will be owners here will be people of means which there has to be room in our Town for people of means I'm sure we agree on that. The bulkheading itself is going to be all navy wall construction. It will be all of excellent quality. Mr. Shilowitz has structural engineers who have gone over our suggestions as far as the construction is concerned. The life expectancy of the structures,without any maintenance, should be at least 35 years and thereafter maintenance will be necessary, but it will be able to be done fairly easily due to the type of construction methods that are going to be used. The dredging is only to give us room for the boats. There ~s plenty of room for spoil on the upland_ In short, it's a very pleasing project to be associated with and I think it will fly in Southold Town. It will do an awful lot to the Greenport waterfront; not to say that this is the only use for Greenport waterfront because I don't agree that it is, but certainly th~s site--this is the ideal use for it I think at this point in Greenport's revitalization. In short, I'm very pleased to be associated with it, I think it will fly, I th~nk it's well conceived and well thought out_ Any questions you might have I'd be very happy to answer. JUSTICE EDWARDS: What's available there in the way of water and sewerage right now? MB. SAMUELS: Greenport water and Greenport sewerage. JUSTICE EDWARDS: Even though it's in part of Southold, it's still available? M~_ SAMUELS: That's correct. COUNCILMAN TOWNSEND: Right now the way the basin is situated, and I don't know if ~hat represents a substantial change in shape. It looks like you're expanding to the southwest of the property a little bit and you're going to protect some of the boats there, but there is substantial wave wash. I know it is pretty difficult to keep a small boat with the prevalent winds being southwest which is the way you have it. MR_ SAMUELS: Essentially this is southwest and the worst winds you have down there is right up the throat of the inlet. PAGE 6 - PUBLIC HEAHt..d - STEPHEN SHILOWITZ - CH~..~GE OF ZONE COUNCILMAN TOWNSEND: We have a very consistent southwest breeze. MR. SAMUELS: You certainly do at the time of the year the boats are going to be there. This is wall--again this is essentially southwest--we are going to be behind this wall. There was with one of the previous people who were working on this project, they had thought of putting a surge screen in here which was nothing more than a jetty, just to knock down the waves. They were just going to keep the present shape. This idea was to get in behind this wall and eliminate this surge screen, which our problem there is a real maintenance problem, ice damage problem. I don't think it is going to be necessary. That would be a potential addition to the construction should it have to be necessary. They're not environmentally damaging at all, they're not a groin. But I don't think it is going to be necessary from my observation down there which has been some time now_ As recently as three years ago we replaced most of the pilings down there for the present owner and at that time we were there for some time and the southwesterly winds were coming straight at you, no question of that. It's not .just wave action, it's a real surge. SUPERVISOR PELL: Anybody else with questions? (No response.) We thank you. Counsel? MR. CRON: Well, as the Board can see we've got a beautiful project, beautiful site, showing you what the project is going to be like to a certain extend. We discussed the view, the useage of the water- front in terms of its bulkheading and reconstruction. Now, I suppose the final question to be asked is it environmentally sound. Is it something that will not be detrimental to the environment and will meet the requirements of an environmentally sound project. Not being an expert in that area I have brought one with me, and that of course is Mr. Roy Haje who I indicated before his name I am sure is not unfamiliar to the Board as I believe he was the permit agent for the Department of Environmental Conservation and I knew him in that capacity, having delt with his agency on other matters. And I'm delighted to have him now on this side to explain to this Board why this matter is totally environmentally sound. MR. ROY HAJE: As the previous two speakers have al:ready brought out, the orientation for the project is towards the water, towards using the water for people to enjoy the water. Those would be the people we would expect would be interested and would buy these condos. In planning the project we took that as our main focus, our main interest, to determine how it could best be done and how we could mitigate any possible impacts on the water. We have come up with a plan which I think is environmentally sound and involves several aspects. First [here has been some discussion already about the basin. As it exists now, the basin is somewhat smaller_ We propose to expand it more to the westerly side and provide a safe mooring for the boats belonging to the owners. In doing so, this is somewhat unlike any of the projects which you are faced with which seek to fill in the waterway for the purpose of creating more land. It is just the opposite here. We're creating more waterway. We do not feel that the creation of the waterway expansion will be any detriment upon the remainder of the water. We are going to create a stable even slope on the bottom PAGE 7 - PUBLIC HEAR~ d - STEPHEN SHILOWITZ - CB.._,GE OF ZONE and we do not expect that it would accumulate any type of debris. We don't anticipate any type of siltation which would degrade the water quality or reduce the oxygen level and so forth. We anticipate high quality of the water in the basin. As one of the means to insure this, we are proposing to place an earthen berm as shows both on the model and on the rendering, around the perimeter of most of the property. It serves not only an aesthetic function but will serve to reduce runoff which might head towards the water. As a further protection from that. as Tom has indicated, most of the bulkheading will be either replaced or rehabilitated. Therefore we expect virtually no siltation to get into the waterway. Other aspects of the project such as impact upon air quality would be really nothing more than a house, an individual house, a series of individual houses. As was also mentioned, the sewerage disposal and the water supply will be handled by the municipal systems in Greenport. To sum it up, we believe that we have come up with an environmentally comparable plan, taking into account from the initial stage of the plan, the importance of the water which is critical to maintain for the client as well as the Town and the Village. Are there any questions9 COUNCILMAN MURDOCK: The green area opposite (on the opposite side of the boat basin), that is wholly in the Village of Greenport? M~. HAJE: Yes, I believe it is. COUNCILMAN MURDOCK: Roughly from the way you spoke I would assume that that is roughly in the Village of Greenport. Is that buildable for the future? MR. SHILOWITZ: I would like to say it would destroy the viability of the project and it would have to be preserved from future develop- ment_ I would go so far as to say that--I'm not familiar with the legal setup of a condominium development yet, I'm working with my advisors, but regarding the entire outer appearance of the project, I would like to see it legally maintained as I designed it, and absolutely nothing, other than, perhaps some kind of benches if I find it appropriate that there be some sitting area there. But no buildings whatsoever. MR. SAMUELS: The Village owns the street frontage anyway. There is no access to the area in question to be concerned about. MR. SHILOWlTZ: Well, as I understood the question--- MR. SAMUELS: We bulkheaded a portion for the Village, I think it is right up to about--there is Village property fronting the street and still owned by the Village as far as I know. MR. SHILOWITZ: I can assure you that it is my keenest desire to maintain that as an open landscaping, pleasently landscaped, not left to chance. I was working today with a landscape planner on that area as well as the main portion to see how to contour it, plant it and so forth. MR. C~ON: Larry, if I may just add somett~ing. I'm not Steve's advisor as far as the condominium setup but I am virtually certain PAGE 8 - PUBLIC HEAR~ d - STEPHEN SHILOWITZ - Ch. IGE OF ZONE that everything outside the interior four walls of every unit will probably be designated as a common area and will be part of the common area of the condominium. That would include the area you are concerned about in terms of whether there would be any further construction or further utilization of that area. SUPERVISOR PELL: Anybody else? (No response.) wish to be heard on behalf of fhe applicant in application? Anybody else favor of the MR. CRON: I would just like to, for the moment, sum this entire matter up. I think if this Board has viewed the scene, and I'm sure it has, what presently exists at the property is something that is neither attractive to the Village of Greenport, nor is it attractive to the Town of Southold. If you can visualize the completion of this project that when it is completed you will have something that's extremely viable as a community, limited in scope only to the number of units that you presently see on tile site on that board. I think from the point of view of tax incentive to both the Village and the Town, surely this project must excite both municipalities. There will be little to draw upon existing facilities because I am certain with the price range that these units will eventually sell, there will be little to draw upon existing facilities in terms of schools and what not. I think the area could be greatly enhanced by the approval of this applica- tion and I would hope that the Village of Greenport feels likewise. I might indicate to this Board that we have a somewhat similar application pending wi~h the Village to change the zone that exists there from a general commercial district to a waterfront commercial district which, of course, will permit the construction of the condominiums. That should shortly come on for public hearing and a resolution. I ask the Board to most favorably consider this application. SUPERVISOR PELL: Thank you_ Does anybody else wish to be heard in favor of this application for a change of zone on behalf of Steve Shilowitz? (No response_) Anybody wish to be heard in opposition to it? (No response.) In opposition to fhe change from "C" to "M"? (No response.) Anybody wish to be heard at all on the application? (No response. If not, I will declare the hearing closed. Thank you_ Judith T. Terry Southold Town Clerk New York State Depa~ment of Environmental Conservstlon Regulatory Affairs Unit Bldg. 40, SUNY--Room 219 Stony Brook, MY 11794 (516) 751-7900 Robert F, Flacke Commissioner RECEIVED December 30, I981 Mayor George W. Hubbard Incorporated Village of Greenport 236 Third Street Greenport, MY 11944 RE: Draft EIS required by Village of Greenport for proposed 8 unit condominium development, boathouse, single family residence and expansion of existing boat basin by Stephen Shilowitz. Dear Mayor Hubbard: The New York State Department of Environmental Conservation has a pending application for a State Wetlands permit for the above project. The applicant has informed us that the Village as lead agency has re- quired a Draft Environmental Impact Statement by resolution dated October 26, 1981. I am writing to clarify the requirements of Article 8 with respect to responsibilities of the lead agency (617.8) of the SEQRA regulations. I refer specifically to Section 617.8 (c) where the lead agency must file a notice of completion of a DEIS to all involved agencies. The agencies involved in approving the project is tbe Town of Southold, Suffolk County Dept. of Health Services and this Department as well as the Village. As an involved agency we request the above documents to allow us to proceed with the pending wetlands permit application. Thank you for ),our anticipated cooperation with regard to the above. Sincerely, David DeRidder Associate £nvironmen~al Analys[ CC: Enconsultants, Inc. Town of Southold R. Jewell, SCDHS C. Hamilton DD:cz LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuanl to Section 265 of the town L~w a?d require- ments of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public heating will be held by the Southold Town Board at the 5outhold Town Hall, Main Road. Southold, New York, on the following proposal to amend the Build- ing Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York, on Tues- day, January S, 1982. 8:00 P.M, by changing from "C" Light Industrial District to "M" Light Multiple Resi- dence District all that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove distant on a course North 46 degrees 30 minutes 00 secotlds West 355.53 feet to the southwesterly corner of land now or formerly of Harvey (s~id point being the southerly point of upland conveyed by the J & J W. EIsworth Company to Franklin C. Ashby by a deed dated 1/3/56, recorded I/9/56 in Suffolk Cour~ty Clerk's Office in Liber 4051 ep 255): running thence along land of "Community Beach" North 47 degrees 13 minutes 20 seconds East 130.38 feet to the land now or formerly of Braun; thence along said last mentioned land South 82 degrees 40 minutes 20 seconds East to a point marking the northwesterly corner of lands of Village of Greenport; thence along the westerly line of lands of Village of Greenport, South 6 degrees S8 minnies 35 seconds West 17§.72 feet to a point at the southwesterly corner of the lands of the Village of Greenport; thence a[ong the COUNTY OF SUFFOLK STATE OF NL%V YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in. Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............ ~. ......................... weeks successively, commencing on the .... .~."~ ......................... day o~,.. ................................... , 19 ........ Sworn to before me this ......... .,~....-..~-.. ............. day of ....... ............. , 9...%.x. southerly line of lands of Village of Greenport, South 37 degrees 35 minutes 40 seconds East 187.59 feet to the northwesterly line o~ land now or formerly of Harvey; thence aloug the northwesterly line of said taad now or formerly of Raw/y; S/m'th 29 degrees 5 minutes 40 seconds West 0.39 feet to the ordinary high water mark of Pipes Cove; thence along the ordinary high water mark of Pipes Cove in a general northwesterly direc- tion to the point or place of BEGINNING, the last course being described by a tie only as North 46 degrees 30 minutes 00 seconds West 355.53 feet to the point or place of BEGINNING. Any per, on desiring to be heard on the above proposed amendment should appear at the time and place above so specified. Dated: December g, 19gl By order of the Southold Town Board Judith T. Terry, Town Clerk IT 12/17/81(22) LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to SecUon 265 ol the Town Law and requirements of the Building Zone Ordinance of the Town o£ Southold, Suffolk Gounty, New York, public hearing will be held by the Southold Town Board at the Southold Town Hall, Main Road, Southold, New York, on the following proposal by Stephen Shilowitz to amend the Building Zone Ordinance (in- cluding the Building Zone Map~) of the Town of Southold, Suffolk County, New York, on Tuesday, Janunry5, lm12. 8:00 P.M. by changing from "C" Light Industrial District to "M" Light Multiple Residence District all fha t cer- lain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Souihold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove distent on a course North 46 degrees 30 minutes 00 seconds West 355.53 feet to the southwesterly corner of land now or formerly of Harvey (said point being the southerly point of upland conveyed by the J & J W. EIsworth Company to Franklin C. Ashby by a deed dated 1/3/56, recorded 1/9/56 in Suffolk County Clerk's Office in Liber 4051 cp 255); running thence along land of "Community Beach" North 47 degrees 13. minutez 20 seconds East 130.38 feet to land now or formerly of Braun; thence along said last mentioned ,land South 82 degrees 41 minutes 20 seconds East to a point m0rking the ' northwesterly corner of lands of Village of Greenpor t; thence along the westerly line of lands of Village of Greenport, South 6 degrees 58 minutes 35 seconds West 176.72 feet to a paint at the southwesterly corner of the ]ands of Village of Greenpar t; thence along the southerly line of lands of Village of Greenport, South 37 degrees 35 minum~ 40 seconds East 187.59 feet to the northwesterly line of land now or formerly uf Harvey; thence along the northwesterly line of said land now or formerly uf Harvey, South 29 degrees 5 minutes 40 seconds West 0.39 feet to the ordinary high water mark uf Pipes Cove; thence along the ordinary high water mark of Pipes Cove in a general northwesterly direction to the point or place of BEGINNING, the last course being described by a tie only as North 46 degrees 30 minutes 00 seconds West 355.53 feet to the point or place of BEGINNING. Andy person desiring to be STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) Karen Jean Rysko ................................................................................... of Greenport, in said County, says~,~/she is a representative of THE SUFFOLK TIMES, a weekly newspaper, published at Greenport, in the Town ol Southold, County of Suffolk, State of New York, and annexed is a printed copy that has been regularly published in said newspaper once in each week for....~.~ .......... week(s) successively, commencing the...J..%.%h day o L., P.e..c...e...m., .b.,,e.. ~. ....... ~9.....e.J ................. ~,orn to belor,, me thi~........'LT..'~.~ ....................... day of .......... .~;=.~e:~b.~ ............ 19..~1 ............................... H£L[H K DEVOE NO[AR~' PU[~I lC Slate ol New York No 4~01878 SoIIolk County ~eri]l E,~p~res Ua[ch 30, 19~J MAYOR GEORGE W. HUBBARD TRUSTEES WILLIAM D. ALLEN SAMUEL KATZ WILLIAM H. LIEBLEIN ROBERT T, WEBE /c/ct.9'e o/f feeft/oof/ 236 THIRD STREET GREENPORT, SUFFOLK COUNTY NEW YORK 11944 CLERK NANCY W. COOK TREASURER JOHN F. COUGHLIN VILLAGE ATTORNEY ALLEN M. SMITH (516) 72%3277 REPLY TO: P.O. BOX 279 RIVERHEAD, N.Y. 11901 December 18, 1981 Richard J. Cron, Esq. Main Road Cutchogue, New York 11935 Re: Sixth Street Condominiums Dear Dick: Please be advised that pursuant to the prior resolution of the Village Planning Board and the submission of the draft of the Department of Environmental Conservation's statement by your client on December 11, the Village Planning Board declines to act as lead agency under the Village Code or Part 617 of NYCRR. Very truly yours, A]len M. Smith AMS:gac cc: Nancy W. Cook STATE OF NEW YORK: SS: COL_WTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, Net:' York, being duly sworn, says that she is over the age of tweaty-one years; that on the 9th day of December 1981 sho affixed a notice of which the annexed printed notice is a truo copy, in a proper and substantial manner, in a most public place Jn the Town of Southold, Suffolk County, New York, to wit:- Town Clerk Bulletin Board, Towa Clerk Office, Main Road, Southold, New York 11971 Notice of Public Hearing upon application of Stephen Shilowitz for a change of zone from "C" to "M" at Greenport. 7:30 P.M., January 5, 1982, Southold Town Hall. [Judith T. Terry ~ Southold Town Clerk Sworn [o be be£ore me ~his 9th day of December ]9 81 ~ ~ Notary-Publ ~ c LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant Building New York, to Section 265 of the Town Law and requirements of the Zone Ordinance of the Town of Southold, Suffolk County, public hearing w~ll be held by the Southo]d Town Board and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove distant on a course North 46 degrees 30 minutes O0 seconds West 355.53 feet to the southwesterl' at the Southold Town Hall, Main Road, Southold, New York, on the following proposa~toamend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York, on Tuesday, January 5, 1082. 8:00 P.M. by changing from "C" Light Industrial District to I "M" Light Multiple Residence District all that certain plot, piece or parcel o~ land, sStuate, lying and boin~ at Grecnport, 5n the Town of Southold, County of Suffolk and State of New York, bounded corner of land now or formerly of Harvey (said point being the southerly point of upland conveyed by the J & J W. Elsworth Company to Franklin C. Ashby by a deed dated 1/3/56, recorded 1/9/56 in Suffolk County Clerk's Office in Liber 4051 cp 255); running thence along land of "Community Beach" North 47 degrees 13 minutes 20 seconds East 130.38 feet to land now or formerly of Braun; thence along said last mentioned land South 82 degrees 41 minutes 20 seconds East to a point marking the northwesterly corner of lands of Village of Greenport; thence along the westerly line of lands of Village of Greenport, South 6 degrees 58 minutes 35 seconds West 176.72 feet to a point at the southwesterly corner of the lands of Village of Greenport; thence along the southerly line of lands of Village of Greenport, South 37 degrees 35 minutes 40 seconds East 187.59 feet to the northwesterly line of land now or formerly of Harvey; thence along the northwesterly line of said land now or formerly of Harvey, South 29 degrees 5 minutes 40 seconds West 0.39 feet to the ordinary high water mark of Pipes Page 2 Public .~ring - Shilowitz Cove: thence alony the ordinary high wafer mark of Pipes Cove in a general northwesterly direction to the point or place of BEGINNING, the last course being described by a t~e only as Nortb 46 degrees 30 minutes 00 seconds West: 355.53 feet to the ooint or place of BEGINNING. Any person desiring to be beard on the above proposed amendment should appear at the time and olace above so specified. DATED: December 8, ]981 BY ORDER OF THE SOUTItOLD TOWN BOARD JUDITH T. TERRY, TOWN CLERK PLEASE PUBLISH ONCE, DECEMBER 17, 1981, AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO J[~ITH T. TERRY, SOUTHOLD TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11~71. Copies to the following on December 9, 1981: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Village of Greenport Richard J. Cron, a/c Stephen Shilowitz Town Clerk's Bulletin Board p.K- IVTcD '. i98'1 Town I~rll $outtiold December 8, ~981 Village Planning Board Incorporated Village of Greenport 236 Third Street Greenport, New York 11944 Att: Nancy Cook, Secretary Re: Environmental Impact Statement Applicant - Stephen Shilowitz Dear Mrs. Cook: In connection with the above captioned, I enclose herewith completed Environmental Impact Statement in behalf of the pending proposal for zone change at premises situate at 6th Street, Greenport, New York, in behalf of our client, Stephen Shilowitz. I would be most appreciative if the Village Planning Board would promptly review the Impact Statement and proceed with the referral of this application to the Suffolk County Planning Com- mission for their review and recommendation. I should also like to be apprised of the date for which this matter will be scheduled for public h~aring before the Village Board of Trustees. If there should be anything else that you may require, please do not hesitate to contact me_ Sincerely, £nalosure cc: Roy t. Haje Stephen Shilowitz Richard J. Cron JUDITH T. TERRY REG[$]~RAR O[ VITAL STATISTICS 7 NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT TELEPHONE (516) 765-1801 Dated: December 8, 1981 Pursuant to Article 8 o£ the Environmental Conservation Law State Environmental Quality Review and 6 NYCRR Part 617~ Section 617.10 and Chapter 44 o~ the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted, will not have a signi£icant effect on the environment. DESCRIPTION OF ACTION Application of Stephen Shilowitz for a change of zone from "C" Light Industrial District to "M" Light Multiple Residence District on certain property located on the west side of Sixth Street, on Peconic Bay, Greenport, New York. The project has beeu determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment are likely to occur should the project he implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation, it is assumed that there is no objection nor comments by that agency. Further information can be obtained by contacting Mrs. Judith T. Terry, Town Clerk, Town of Southold, Town Hall, Ma~n Road, $outhold, New York 11971. Copies to: David DeRidder, DEC, Stony Brook Commissioner Flacke, DEC, Albany Southold Town Building Department Town Clerk Bulletin Board Richard J. Cron, Esq_, a/c Stephen Village of Greenport Shilowitz P. ECBVED dEC ,~ i98.1 T~,~ ~'.rk .~outh'oicl Draft Environmental Impact Stac=ment tot Stephen Shilo~itz Incorporated Village of Greenpor~ Town of Southold Suffolk County, New York PREPARED BY: Village Planning board Incorporated Village o~ ,3reenport 236 Third Street Greenport, New York 11944 Roy L. Haje, President Ei~-Consultants, Inc. 64 North Main Street So thampron, '~. v. !lq6~ %ABLE OF CONiENTS Summary .......................................................... 1 Description of the proposed action ................................ 2 Background and history ........................................... DesccLption of environmental setting ............................. Existin§ environmental features ................................ 4 Slopes and topography ............................................. 5 Land forms ...................................................... 5 }tine ral resources ............................................. 5 Erosien ........................................................ 5 Hvdroloev. .................................................... 5 ~urface Water ............................................... :lc,,lc~y ....................................................... Land ~ise ....................................................... 8 Existing environmental constraints affecting action ............... 10 Statement of environmental effects (positive and negative) ........ 10 Cumulative ....................................................... 12 !dencificacion and discussion of any adverse effects ~,hich cannc,: be av,_~icled .............................................. 13 Description of mitigation measures to minimize adverse effects .... 13 Id :ncifL:~tion of any irreversible and irretrievable De:~cr~pcion of any growth-including aspeccs of the actioe ......... ImF. nzt ~f the actton on the use and conservation of bescri~,tion a~d evaluation of reasonable alternat£ves ............. .c,t,:di-~s, reports .and literature used in prepare:ion of DEIS ....... 16 APPENDICES II A. I1 B. III. IV. V. Site Plan Aer£al photo of site I~highl£g~ted) oaken sL~uneu. 19~1 lc~oking southeast Aerial photo of site (h£ghlighted) oaken summer, 19~1 looking north Soil survey of Suffolk County (USDA, 1975) with subject site highlighted Artists rendering of proposed project Portion of NYSDEC Iidal Wetlands maps ~-~_~ ~ith s~bject parcel highlighted DEIS for Stephen Shilowitz Summary The applicant proposes to construct an 8 unit condominum, a boathouse/ one family residence and expand mn existing boat basin. The expanded basin will be entirely bulkheaded and existing bulkheads outside of the expansion area will be replaced or repaired as necessary. Spoil from the dredging operation will be placed on the property for backfill and~ excess, if any, will be removed to a suitable ~planc site. At present, the site contains several deteriorated buildings used when it operated as an oyster processing plant many years ago_ No significant adverse effects are foreseen due to 1). the present condition and use of the propcrty~ 2). the aYailabilit'.~ of pt~blic water supply and sewage disposal and 3). the type and intensi[5, of the proposed use. Phe parcel is bisected by the Town of Southold-Village of Greenport boundary lzne. The Village of Greenpor[~ zn a resolution dated 10/26/81, required the preparation of a draft environmental impact statement (DEIS) pursuant [o the State Environmental Quality Review Act (SEQR) and its rules and regulations, NYCRR Part 617. Other appro~,~als or permits required by the ?illage ar~ [). Change of zone trom general commercial (GC) to waterfront commercial (WC) WC allows the type of development proposed. The Village Board of Trustees must approve the change of zone. 2). Sit~ pla~ approval of the Planning ~oard. 3~. Bt~ild- [ng permit trom the Building Department. As pa:t st the properti,- lies within t[~-. -, ::n ,~ Sourhol~, signaler approvals arc required from Town agencies. Yhe p~esent Town :,>ning of C Light Industrial must be changed to Light blultiple Residence. On th~ State level permits are cequireJ tcom Lbo New York State Depart- c~enr of Environmental Conservation (NYSDEC t~nder Articles 25 (Tidal Wetlands) - 2 - and [5 (Protection of Waters) of the Environmental Conservation Law (ECL) as work will be done in and adjacent to tidal waters. Water Quality Certification pursL~ant to the Federal Water Pollution Control Amendments of 1977 (F PCA) must be granted for dock and bulkhead construction, and dredging. On the Federal level, approvals must be obtained from the U.S. Army Corps of Engineers pursuant to Section 10 of the River and Harbor Act of 1599 ~,30 Stat. !151; 33 U.S_ C~ 403), and S~ction ~04 of the FWPCA of 1972 (PL 92-500, 86 Stat. 816, 33 U.S.C. 1344). Description of the proposed action The purpose of this action is the creation of a residential complex i~a',Ln~ its o~n mooring facilities For o~.~ners' and Quests' boats. Specifically, two (2) tour dwelling condominum units will be built. The nznth and final unit will be a separate boat house/dwelling located partially over a boat slip in the northwest corner of the boat basin. It is the ~ppltcant's intention to make the development appeal to owners of medium size (30' - 50' ~) sail and power craft. To this end, it is proposed to expand the existing irregular - shaped boat basin to approximately 100~ ' wide ~ -_l [--~5( ] ~ __ ' Long I J-£ tla ildl-~'l-_.:..'''/o >.ill .l][ '.j depending_ upon the precise loc~tion ~it~in the boat basin llhe proposed depth of dredging withzn the basin, 10' below mean lo~0 water (MLW}, is necessary to acco~T~date the deeper draft keel sailboats expected to utilize the [~cilit7. Expansio~ of ~ha boat basin ~ill involve the removal of approximately 50t,O ct~. VdSl ,~f =xtstine upland. [his material w~ll Oe placed on the adjac=nt upland for use as b=zkf~l!. Th= c;~tire boat b~sin will be bulkheaded with CCA-treated timber. Existing bulkheading on ~he remainder of the parcel will be replaced or repaired as needed, also with CCA treated timber. - 3 - Access to the 8' - 10"~ boats to be moored there will be via a system of floating docks. A 4' x 120' main float will be placed adjacent to the pro- posed westerly bulkhead and a series of ~' x 44' finger floats installed per- pendicular to it to create slips. A small (300 + sq. ft.) area will be filled for the construction of the b~at house uhich will straddle a boat slip (see s£:e plan in appendices). Background and historz This was the site of the J. and J. W. Elsworth Corp. oyster processing plant which originated over 100 year~ ago. Boats unloaded their catches directly from within the basin to the plant where they were shucked, processed and shipped. this operation. In 1952, the property was sold to the Blue Point Oyster Co. for use as an oyster hatchery. In 1968, the property was sold to James Homan and Armando Cappa who have used it for storage of gear and equipment and leased it for usa by commercial fishin~ vessels. This is the present usage of the parcel. Description of environmental settin~ Location Phc si~e is located at the end o~ ~th Street (west side). Greenpo~t, Town of Southold, Suffolk County, Lon~ Island. New York. The 2.]6 + acre parcel the north by lands n.o.f. Scott and Greenhalgh (see aerial photos in appendices). - 4 - Existing environmental features A. Geology and soils. As indicated on sheet 5 of the Soil Survey of Suffolk County, New York (USDA~ 1975), the dominant soils are Riverhead and Haven, graded, 0-8% slopes (RhB)~ It is described as follows: "This mapping unit consists of areas of Riverhead sandy loam, of Haven loam, or of both. The areas have been altered by grading operations for housing developments, shopping centers, industrial parks, and similar nonfarm uses. In the western part of the county, the areas of this mapping unit are very large, and large acreages are used as sites for housing developments. Originally, the Riverhead and Haven soils in this unit each had the profile describe~ as representative of its respective series~ but grading operations have left a man-made profile that is significantly different. In places the surface layer and the upper part of the subsoil have been removed, but in other places they have been left undisturbed. Undisturbed areas have been filled with soil material cut from adjoining high spots, but the River- head and Haven soils can be identified because sufficient diagnostic characteristics of the respective series remain. In some areas Riverhead and Haven soils that have not been graded make up as much as 25 percent of this unit. In places another 10 to 15 percent has been so deeply cnt or tilled that the upper ~0 inches is sandy and contains no diagnostic horizons of the respective series. InzL,Jd~d t~Lth th~sc s.3Lls [u mappin~ are areas in wh/ah most or all diagnostic horizons haYe been destroyed, but these areas contain at least 12 inches of Loam, silt loam, or sandy loam in the upper 40 inches. In places this 12 inches of material is in one layer, and in others it is Ln several thinner layers. Also included ar~ small areas of Cut and fill land and Montauk soils, graded. - 5 - These soils are suited to most grasses and shrubs generally used for lawns and landscaping. In places very deeply cut or filled areas are slightly droughty and need supplemental irrigation. The response of plants to applications of lime and fertilizer is good. The practice generally is to build on the soils immediately after grading; therefore, the number of existing buildings on areas of the soils in this unit is the main factor in determining their future uses. Capability unit mot assigned; woodland suitability group mot assigned?' Slopes and topography The parcel is essentially flat. 6~ ft. above MSL Average elevation on grade is Land forms There are no unique or valuable land forms on this site. There are no known mineral resources on this site. Erosion and sedimentation potential £everal factors combine [o make the potential ~or erosion ~nd sedimenta- tion negligible. 1). The soils are well drained. 2). The parcel is entirely bulkheaded. 3). The parcel is fiat. B. Hydrology Groundwater Groundwater is encountered at approximately 1 ft above mean sea level (MSL). It is expected to fluctuate somewhat v.'ith tidal rhythms due to the parcel's proximity to surface tidal water. Fresh water for the project will come from s municipal supply and not from on-site wells. - 6 - Surface Water The parcel fronts upon Pipes Cove to the south which is a tidal body of water whose tidal range is approximately 2.3 ft. The NYSDEC has classified it as SA, the highest classification of tidal waters. These waters are ".._suitable for shellfishing for market purposes and primary and secondary contact recreation." The area is presently open to shellfishing (personal communication, Bruce Mac Millan, ~FfSDEC at Stony Brook) Contigous with Pipes Cove is a man-made basin which had been used by boats involved with the parcel's former use as an oyster processing plant and is still used by commercial fishirgboats. The depth of the water in the basin averages about 10 ft_ at mean low water in order to accommodate deep draft vessels. Ecology Vegetation Aside from some upland weeds and grasses which have colonized the site, little vegetation is found. No true marsh vegetation grows on the site. The nature of past usage has been antagonistic to the growth of any substantial vegetation. Wildlife The developed character of this and surrounding parcels has inhibited its use by most wildlife except those species adapted to life in close proximity to man. Of the birds, the most commonly noted was the herring gull, Larus arqentatus a scavenger which will thrive in areas such as this. While not personally obser~,ed on this site, ~here are other common coastal water birds which are found in and around the Greenport area which include laughing gull, Larus atricilla; great black - backed gull, Larus marinus; black skimmer, Rhvncops nigra. - 7 - No nesting sites for these birds were located on the property. The rela~iv&~y small ar~unt of shallow water, the sandy composition of the bottom, and the presence of 7people homes, etc.~ limits the utility of the site for shore and wading birds. Common upland bir~including the field sparrow, Spizella ggsilla; mourning dove, Zenaidura macroura~ grackle, Quiscalus quiscilla~ and flicker, Colapter auraptus may occasionally use the site for nesting or foraging~ Small mam~nals of the rodent family may visit the area in search of food or shelter~ Cottontail rabbit, ~ floridan~s~ common house mouse, Mus sp-; moles, Scalopus and Condylura~ and Norway rat, Rattus norveglcus are the species which may be found. Bait fish and juveniles of larger species may be fonnd within the boat basin. Killifish, Fond~l~s, app.; shiners, Menidia menidia~ sticklebacks, Apeltes, spp. are the most common of the bait fish in Long Island waters and may, therefore~ be found here. Javenile bluefzsh (snappers)~ Pomatom~s saltatrzx; summer flounder, Paralichthys dentat~s; winter flounder, Pseudopleuronectes Americanus;northern p~ffer, Sphaeroides macnlatos; and toad fish, Opsan~s tan are all possible visitors in appropriate seasons. Invertebrate in-and epi-fauna whzch may either live on, in or against the bulkhead or basin bottom include, blue crab, Callinectes sapid~s; blue m~ssel~ Mytilus ed~lis; barnacle, Balanus balanoides and various types and species of As ~o. 72~'1-552, offshore of indicated on the NYSDEC's official Tidal Wetlands inventory map. the boa[ basin is indicated as a Iittornl zone (LZ> while the area the sourherl¥ bulkhead is indicated as a coastal shoal (SM). These are described in Part 661, Tidal Watlands-Land Use Regulations, respectively as: Littoral zone - The tidal wetlands zone, designated LC on an inventory map, that - 8 - includes all lands under tidal waters which are not included in any other category, except as otherwise determined in a specific case as provided in section 661.26. Provided, there shall be no littoral zone under waters deeper than six feet at Coastal shoals~ bars and flats - The tidal wetland zone, designated SM on an inventory map= that (i) at high tide is covered by water, (ii) at low tide is exposed or is covered by water to a maximum depth of approximately one foot, and (iii) is not vegetated by low marsh cordgrsss, Spartina alterniflora, except as otherwise determined in a specific case as provided in section 661.26_ (see appendices for copy of inventory map). No important or unique ecosystems, critical habitats= food sources or n~sting locations are found here. Land use The site is presently used as a base for commercial fishing boats. Material and gear is stored in one or more of the extsting buildings. Minor repairs are made to the boats and equipment. Adjacent to the parcel on the north and west are single ~amily detached residences. On the east side of 6th Street across from this parcel, park used for (iJnorganized) baseball and other games, picnicking, A d~velopment plan for the Village ot Grcenport was prepared by Raymond and May Associates, Planning Consultants in June, 1967. It indicates the land use ot this parcel as "marine commercial" to reflect its usage at thac time. Throughout this brief report, the importance of rehabilitating certain areas of the Village, especially the waterfront, is stressed. While is a village swirmning, etc_ - 9 - this proposal differs in usage from that which was showq the Plan further states "It must be clear that a long-range Development Plan for the Village is not a permanent or unalterable document. It is based upon the best available in- formation, judgment, and forecasts of future events. But the unfolding of new development will in one way or another vary from current expectations. It is for this reason that the Planning Board must periodically review the Plan and all new proposals." The plan should be viewed as a dynamic rather than static document adaptable to new innovative proposals and not tied to prior usage which may no longer be viable. The proposed project does represent a demographic change in the character of the area. This will be the first multiple dwelling project in the area and the cost per unit probably will exceed the cost of neighboring one family residences. It also constitutes a rehabilitation and upgrading of a deteriorating facility. Various services and facilities will be utilized by this project. Water, electricity and sewage treatment are all functions of the Village of Greenport Department of Public Utilities. Existing mains for both sewage and water are located in Sixth Street and service the existing facilzty. Electricity is also available from overhead wires on Sixth Street_ No expansion to existing utilities is required to service this pro]ect. Fire and police protection will be provided by V~llage and/or Town Little or no increase in Greenport's school population is predicted - 10 - The visual character ~ill be altered to the extent that the existing con~nercial buildings will be replaced by 2~ story (maximum height 35 ft.) residences_ The presence of pleasure boats in the basin instead of commercial fishing craft constitute only an insignificant modification to conditions. (See artist's r~ndering of project in appendices). Mo lasting elevation of noise levels is anticipated. Construction will occur only during normal working hours. No increase in odor levels is foreseen. Existing environmental constraints affecting action Final designations of flood plain zones for the Village of Greenport have not yet been made (Robert O'Reill?~ N¥SDEC, personal com~unication~ On the interim H.U.D. map for this community (#361 004 A), the subject site is designated as zone A. While no first floor elevation has yet been mandated to ensure eligibility for Federally guaranteed insurance, the first living level of all structures will be at 8 ft. above M}{W which is e×pectmd to equal or exceed future requirements. Statement of environmental effects (positive and negative) A). Short-term As use of the land by wildlife is minimal due to its previously disturbed nature, few species will be disrupted by this project. Those which do utilize the site for nesting, feeding, or cover will be temporarily displaced by the construction. Short term "social impacts" will center around travel to and from the project site by workmen and equipment. Traffic will tncrease as material is brought to the site. Noise levels will increase as a result of construction equipment and workmen. Noise levels will lessen after the departure of most of - 11- the hemvier equipment but will still be greater than ambient until the proposed project has been completed. Any noise-creating work will be done during normal working hours. The short term economic impact concerns purchaseof materials for construction of the structures snd facilities, and employment for those who will construct them. Most materials will be purchased on Long Island aiding the local economy. Workers will come from Long Island and therefore are expected to further aid the economy. Dredging to the proposed depth of 10+_ ft. below mean low water must create as level s new bottom as possible. Creation of deep, isolated holes can cause basins for the accumulation of sediment. Under adverse conditions, these can becom~ anoxic and utilize greaL amounts of oxygen to the detriment of the surrounding enviroment. A properly graded, level bottom or one having only minor irregularities will permit water circulation throughout and minimize or avoid these problems. The cutting and digging action of the dredging opera~ion breaks through the thin oxidized layer of the submerged soil and exposes the deep unoxidized layer_ Furthermore, most of the sediments placed in suspension are removed from this layer and, hence, are in the chemically reduced state. Such material may have temporarily high chemical and biological oxygen demands. Turbidity, per se, reduces light penetration and interfmres with photosynthetic production of oxygen, and it tends to elevate water temperatures. Eventually some suspended material escapes and settles to the bottom. Thus. thera is ~ redistribution of sediments together with whatever nutrients they may contain. Such sedimentation problems are greatly accentuated when dredge spoil is placed back into the water. In this instance, dredged spoil will be placed on the up- land portion of the subject parcel and graded when sufficiently dry. B)_ Long Term Implementation of the project will have some long term effect upon upland habitat and its ecology. However, most of the species presently utilizing the site are well adapted to life in close proximity to man. Therefore, while overall numbers may decrease in response to decreased habitat available, little shift in species composition is expected. Of course~ the exception to this is the replacement of upland with water in the area of the expanded boat basin. The same species which now inhabit the boat basin are expected to invade and colonize the expanded water and benthic habitat. Usage of the basin by boats will have a minimal effect upon the water- way Marine heads on boats must comply with all applicable standards which pro- hibit any overboard discharge of untreated material. It is anticipated that the boats which will be berthed in the basin will be sailboats or inboards although dinghies or other smaller auxiliary craft may occasionally use it as well. Little petroleum residoe is crea~ed by in- boards, and, as no fueling facilities are to be located here, contamination by gasoline or diesel fuel is not anticipated_ Bottom paints (anti-fouling) and the treated timber used for bulkheads and docks leach very l~ttle and will not have any degrading influence upon the waterway. Long term economic e£fects will center about the increased patronage to local bu$iness~ especially during the s~rmner, from residents of this develop- ment. As the closest major shopping area is Greenport, most activity will be 2entered there. Cumulative Whether this project will have an influence ~pon the development of - 13 - other waterfront parcels is difficult to predict. As discussed previously~ section 85-10 (C) (2) (a) of the Village zoning ordinance limits waterfront condominiums to WC parcels which are "...immediately contigous to areas which are within the R-1 One Family Residence District or the R-2 One and Two-Family Residence Districts." This would eliminate parcels lying adjacent to the Retail Commercial District (CR). Still other parcels which do meet the zoning criteria lie in close -proximity to existing co,m~ercial operations which would make their conversion to residential use less desirable. Other broader conditions will influence the amount of additional development which occurs in Greenport and elsewhere on Long Island. Many variables including available land and capital, interest ra~es~ and general state of the economy all work together to determine whether other similar projects will occur. Identification and discussion of any adverse effects which cannot be avoided The adverse effects of dredging have been discussed in a previous section. These are expected to be localized and temporary. As the parcel is already developed and bulkheaded, there will be no significant loss of open space and no loss whatsoever of tidal marshland_ Description of mitigation measures to minimize adverse effects The planned adherence to regulatory restrictions on all levels will mitigate the impact of the project. An earthen berm is p~posed which will follow the bulkhead line for most of the periphery_ In addition to is its aesthetic appearance, it will minimize most overland runoff into the waterway. Plantings of suitable vegeta- tion will also act to minimize runoff. - 14 - Identification of any irreversible and irretrievable commitments of resources. The usage of fossil fuels to power construction equipment and workers vehicles is irreversible as is the consumption of electrical power by tools. The conversion of the present condition of the land to a developed parcel, and the cormnitment of wood and other material used in construction is essentially irreversible_ Description of any growth-inducing aspects of the action_ The small size of this project will not induce any significant growth. Existing facilities and services are adequate to accormmoda~ the development Impact of the action on the use and conservation of energy. During the construction phase, energy in the form of fossil fuels and electricity will be consumed_ Upon completion~ structures will be heated by modern, efficient equipment. All proposed structures will be adequately insulated to minimize energy consumption. Existing sources of electrical energy supplied by Greenport are to service the proposed facilities. adequate DescriDtion and evaluation of reasonable alternatkves. The "no action" alternative would preclude a reasonable return on the applicant's investment. Other types of development, both residential and commercial, are theoretically possible. Present zoning (General Commercial-Village) allows a number of possible cor~nercial uses. A use of this type, however, is likely to be more disruptive to adjacent homeowners than the proposed residential use. Should requested zoning changes be granted, denser residential development would be permissible pursuant to provisions of the code. It is - 15 - felt, however, that the density proposed here strikes a viable balance between economic, aesthegic and environmental considerations. - 16 - Studies, reports and literature used in preparation of DEIS Austin, G.L. Jrl 1961. Water and marsh birds of the world. Golden Press, New York. Burt~ William H_ et al. A field guide to the man,hals, 1964_ Houghton Mifflin Company, Boston. Chmura~ G. L. and N. W. Ross. 1978. The environmental impacts of marinas and their boats. University of Rhode Island Marine Memorandum 45. Greenpor~, Village of. Undated. Zoning, chapter 85 of the Code of the Village of Greenport. Miner, R. W. 1950. Field book of seashore life. G. P. Putnam's sons, New York. New York State Department of Enviromental Conservation. 1977. Tidal Wetlands - Land Use Regulations, Part 661. Raymond and May. 1967. Development plan for the Village of Greenport_ U.S. Department Agriculture_ 1975. Soil survey of Suffolk County. Riverhead. ~K -- SHEET NLIMBER 5 RECEIVED ' ' "'i981 COUNTY OF SUFFOLK DEPARTME£qTOF PLANNING (516) 360-5513 LEE E. KOPPELMAN November 30, 1981 Town of Southold Town Clerk App!icant~ Zoning Action: Mun. File No.: S.C.P.D. File No.: 8~enhpn Shilowit~ C/Z "C" Light Ind. to "M" Light blultiple Res. #249 SD-81-14 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk Connty Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newnltan Chief Plauner 11788 JUDIFH T. TERRY TOWN CLERK I~EG[S[RAR OF VI~AL ~TAnSTICS Pursuant to Sections 1323 Town Board of the Town of zoning action OF, SOOTIaO.Er SUFFOLK CO LrN~7~ Southold, L. I., N. Y. 11971 to 1332 of the Suffolk Southold hereby refers TELEPHONE ($16) 765-1801 County Charter the the following proposed to the Suffolk County Planning Commission: New zoning Ordinance Amendment of zoning ordinance XX Amendment of ~oning map (change of zone) Location of affected land: west side of Sixth Street, on Peconic Bay, Greenport. New York. Suffolk County Tax Map No.: 1001-007-1-16 & 1000-049-1-20,25 & p/o 19. within 500 feet of: XX XX The boundary of any village or town The boundary of any existing or proposed county, state or federal park. The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. The existing or proposed right-of-way or any stream or drainage channel owned by the county or for which the county has established channel lines. The existing or proposed boundary of any other county, state or federally owned land. The Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water. or within one mile of : Nuclear power plant. Airport COM24ENTS: Application of Stephen Shilowitz for ~ change of zone from "C" Light Industrial District to "M" Light Multiple Residence District. Findings of the Southold Town Planning Board attached hereto. Date November 25, ]981 Judith T. Terry Southold Town Clerk HENRY E. RAYNOR Jr., Chairman JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765 ~ 1938 November 25, 1981 Southold Town Board Southold Town Hall Southold, New York 11971 Gentlemen: At a regular meeting of the $outhold Town Planning Board, November 23, 1981 the following action was taken: Monday RESOLVED that the $outhold Town Planning Board recommend approval on the application of Stephen Shilowitz for a change of zone from "C" Light Industrial District to "M" Light Multiple Residence Dis- trict, based on the following reasons: 1. would upgrade the area 2. would upzone the area 3. the operation will be serviced by both municipal water and sewerage 4. recreational boating, along with other amenities would be conducive to the area Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretar~y New York State Depadment of Environmental Conservation Regulatory Affairs Unit Bldg. 40, SUN-Y--Room 219 Stony Brook, NY 11794 (516) 751-7900 RECEIVED November 18, 1981 Robert F. Flacke Commissioner Judith T. Terry, Town Clerk Main Road Southold, NY 11971 RE: Application of Stephen Shilowitz for a change of zone from "C" Light Industrial to "M" Light Multiple Residential on prop- erty at the west side of Sixth Street, on Peconic Bay, Greenport, New York. New York State Tidal Wetlands Application Number TW S77-0156 P~4Q. Dear Ms. Terry: I received your letter of November 11, 1981 concerning coordin- ation to establish lead agency and confirmation of your prelim- inary determination of non-significance in accordance with SEQRA. I assume the coordination letter was also sent to the Suffolk County Department of Health Services, another involved agency; although I noticed they were not listed as receiving a copy. Also, you should have been made aware of a prior coordination effort by this Department (copy of letter, October 2, 1981 to Town Planning Board attached) with the Southold Town Planning Board and Suffolk County Department of Health Services. No response was received from the Planning Board in the allotted time. We received a response from SCDHS (copy attached). Nevertheless, since we have not acted on our Wetland Permit Application, we now consider you the lead agency for this project and agree with your initial determination of non-significance. Also, it appears that you can reasonably assume the concurr- ance of the SCDHS unless you hear otherwise. Kindly inform us and the SCDHS of your final determination of -2- significance when made. We will not act on our application until we receive your formal notification. Thank you for your continued cooperation with regard to these matters. Sincerely yours, David DeRidder Associate Environmental Analyst cc: D. J. Larkin C, Hamilton R. Reynolds, SCDHS J. Jensen DD:cz COUNTY ¢-~F SUFFOLK DEPARTMENT OF HEALTH SERVICES October 13, 198l Mr. David DeRidder Associate Environmental Analyst NYSDEC Building No. 40, SUNY, Room 219 Stony Brook, N.Y. 11794 RE: Tidal Wetlands Permit No. TW S77-0156 PW, WQ by Enconsultants, I.nc. for Stephen Shilowitz Dear Mr. DeRidder: I am in receipt of your letter concerning the above. It appears that the project will have public water and public sewers available, Therefore, we do not feel that it will significantly effect the environment in this respect. If you have any further questions, please do not hesitate to contact me. Very truly yours, Royal R. Reynolds, P.E, Public Health Engineer General Engineering Services RRR:ljr cc: Southold Planning Board New York State Department of Environmenla~ Conservation Regulatory Affairs Bldg. 40, SUNY - Room 219 Stony Brook, New York 11794 516-751-7900 Commi s s loner R. Reynolds Suffolk County Departmeat of Health Services Suffolk County Center R/verhead, New York 11901 Occ6ber 2, 1981 Consaructton of (8) condominium units, boat house and sssocia[ed sanitar~ systems and access ro~. Proposed project indludes repair replacement of 689 · pT bulk- Re: head and 400 ~ of new bul~ea~ e~panding the existing m~r/xta to allow construc- tion of {4) new floating finger docks cunnented to a 120' main floating dock and a 12' x 90'boa= slip. Project requires dredKing 5,000 cu. yds. of material to 10' below mean low water spoil to be placed on ~he site. Dear Mr. l~ynolds: The NY$ Department of Environmental Conservation has received application(s) for Tidal Wetlands Perm/t No. TW S77-0156 PW, WQ by Enconsultan=s~ Inc. for Stephen Shilo- witz. Pursuant to Article 8 of the Environmental Conservation Law, ~he project is del/ned in 6 NYCRR, Part 617, as an unlisted action. As such, coordinated review by involved agencies is optional. This Department has made a preliminary determination that the action will not sig- nificantly affect the enviornment and wishes to coordinate review to confirm this deter- mination. As an agency also involved in approving this action, you are hereby requested to indicate whether or not you agree with this Department's initial determination and as- sumed status of lead agency. Enclosed is a copy of our application(s) and Environmental Assessment Form (gAF). Also, please make known to this Department your concerns for this project so that our final determination of significance will reflec[ your views and reco~endatlons. Please reply by October 13, 1981 Sincerely, David De Ridder Associate Environmental Analyst Eric · ¢~': En~onsultants, Inc. Bldg. 40, SUNY - Room 219 Stony Brook, New York 11794 516-751-7900 October 2, 1981 Conuniss ioner Henry Raymor, Chairman Town of Southold Planning Board Main Road Southold, Hew York 11971 Construction of (8) condominium ~nits, boat house and associated samitary systems Re: and access road. Proposed proSect includes repair replacement of 689 3, of bulk- head and 400 ~' of new bulkhead expending the existin~ m~rina to allow construc- tion of [4) new floating finger docks connected to a 120' main floating dock and a 12' x 90' boat slip. Project requires dredging 5.000 cu. yds. of material to 10' ~ belQw m~am low water spoil to be placed on ~he site ~earMr. ~ynor: The NYS Department of Environmental Conservation has received application(s) for Tidal Wetlands Permit No. TW S77-0156 PW, WQ by Enconsultants, Inc. for Stephe~ Shilo~ witz. Pursuant to Article 8 of the Environmental Conservation Law, the project is defined in 6 NYCRR, Part 617, as an u~listed action. Aa such. coordinated review by involved agencies is optional. This Department has made a preliminary determination that the action will not sig- nificantly affect the enviornment and wishes ~o coordinate review to confirm this deter- mination. As an agency also involved in approving this action, you are hereby requested to indicate whether or not you agree with this Department's initial determination and as- sumed status of lead agency. Enclosed is a copy of our application(s) and Environmental Assessment Form (EAF). Also, please make known to this Department your concerns for this project so that our final determination of significance will reflect your views and recommendations. Enc. Please reply by October 13, 1981. Sincerely, David De P. idder Associate Environmental Analyst ¢~:' En~omsultants, Inc. JUDITH T. TERRY T o'~q CLERK REGISTI~AR O1' VIRAL STATISTICS . OFF~E OF TOWN CLERK TOWN OF.,~SOUTttOI~', .~ ... SUFFOLK COUNT~ Southold, L. I., N. Y. 11971 TELEPHONE (5161 765-180l November 11, 1981 Southold Town Planning Board Southold Toxm ttall SouthoId, New York 11971 Gentlemen: Transmitted herewith is petition of Stephen Shilowitz requesting a change of zone from "C" Light Industrial District to "M" Ligh~ MultipIe Residence District on certain property located on the west side of Sixth Street, on Peconic Bay, Greenport, New York. You are hereby instructed to prepare an official report defining the conditions described in said petition and determine the area so affected with your recommenda- tions. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (6) OFf~.IC_.E OF .I~OWN T, oF,,sou'rpot ~,UFFOLK COUNTY Southold, L. I.. N. Y. 11971 TELEPHONE (516) 765-1801 November ll, 1981 Mr. David DeRidder Environmental Analysis Unit N.Y.S_ Dept. of Euvironmental Conservation Building 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. DeRidder: Enclosed is application of Stephen Shilowitz for a change of zone from "C" Light Industrial District to "M" Light Multiple Residence District on certain property located on the west side of Sixth Street, on Peconic Bay, Greenport, New York. This project is unlisted and our initial determination of non-significance has been made and we wish to coordinate this action to conform our ~nitial determination in our role as lead agency. May we have your views on this matter. Written comments on this project will be received at this office until November 30, 1981 - We shall interpret your lack of response to mean there is no objection by your agency. Very truly yours, Judith T. Terry Town Clerk Enclosures cc: Con~issioner Flacke Southold Town Building Department Suffolk Co. Dept. of Health Services OFFICE OF TOWN CLERK TOWN OF SOUTHOLD JUDITH T. TERRY TOWN CLERK P~EGISTRAR OI VITAL $1ATISTIC$ SUFFOLK COUNTY Southold, L. [., N. Y. 11971 TELEPHONE tSLo} 765 1801 October 30, 1981 To Whom It May Concern: Attached hereto is Environmental Assessment Form completed Stephen Shilowitz in connection with his application for a change of zone from "C" Light Industrial District to "M" Light Multiple Residence District on certain property located on the west side of Sixth Street, on Peconic Bay, Greenport, New York. ~it~ T. ~Terry ~ Southold Town Clerk Posted on Toxm Clerk's Bulletin Board on 10/30/81. TOi','N OF SOU,Tk:OLD · ~,0, l,.,,: l,~L ASSES3 .... I SI'IOP,[ ENVI° ~ F' T, ~,~, : FOr'~l (a) In acc!er ts cms',ver the questtcns ir: this s~,,')r~ E/,,F ~t ~s assumed that the preparer ~,ill usa currently Gvailabte information concernLng the project and the Likely ~mpacts o¢ thc act&on, it ~s not expected tha~ c:<{ciit:oncl s~udies, research or o~her ir, veskigations will be undertaken. (L) IF ~r:? q_est:on bas been ans~e:'ed Yes ~]',e p~oject may be significant and a completed Environmental AsSessment Form is necessary. (c) If all questions have been answered No ~t ~s likely that this pro joel ~s not sign~-icanL. (d} EnvLronmenka~ Assessment 1_ Will RrojecL result ~n a large physical change to the project s~te or physicall7 al~ez more khan ~0 acres of land? ........................ Yes 2. ¥Ii1~ there be a major change to any unique or unusual land form found on the s~te? .......... Yes ~No 3. ~','il~ project al~er or have a large effect on existing body of water? ....................... Y.es ~No 4. Will project have a potentially large impact on grou4dwater quality? .... ~ .................. Yes ~No 5. W/il projecL significantly effect drainage flow on adjacent sites? ........................ Yes ~. ~','i~l pzojec~ off ecl any threatened or endangered plant or animal species? ........... ~Yes ~o 7. Will project result in o major adverse effect on alt quality? ............................... Yes No 8. ~*','S~1 project hake a major effect on visual characLer of the community o~ scenic views v~stas hnov,'n to be important to the campus&t3,,? Yes 9. Will project adversely impact any si~e or s~rucLure of historic, prehistoric paleontological import'anco or any site designated as o critical environmental area by a local agency? ............ - ........... -.. .... Yes No 10. ~'fi1~ project have o major effec~ on existing or Future recreational opportunities? ......... Yes / No 11. Will project result in ma~or traFflc problems or cause a major effect to existing transportation systems? ....................... Yes~No 12. Will project regularly cause objectionable od~rs, noise, glare, vibration, or electrical disturbance as a result o~ the project's / operation? .................................... Yes~No 13. ~','ill project have any impact or, public health or soFet~? .................................... Yes~ No 14_ ~'/ill p=ojecf affect the exmsfing community dzrecfly cat, sing o gro,,vfh in pe~monenf popu!c~tion oF more fhan 5 pcrcen[ ove~ o yeor period or hove ~ major negotive eFFect on the chorecter of fhe community neighborhood? ................................. Yes ~5. [s there pubt~c controversy concerning the Froject?.... ............ ~ .................... Yes ~No / STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR A C2{ANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLk COUNTY, NEW YORK. ~,.TO ~ TOWN BOARD OF THE TOWN OF SOUTHOLD: STEPHEN SHILOWITZ 330 East 33rd Street 1. I,. ............................................................... , residing at ......................................................... (insert name of petitioner) New York, 1co/'¢, contract vendee x~a~.k~Kg~New York, the undersigned, am th~m~sx of certain real property situated at 6th St., Greenport, N.Y. ............................................................ ~nd more particularly bounded and described as follows: AS PER SCHEDULE A, ANNEXED HERETO AND MADE A PART HEREOF. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including ~he Building Zone Maps heretofore made a p~rt thereof, as follows: From a "C" Light Industrial District to a "M" Light Multiple-Residence District. 3. Such requestis made forthefollowing reasons: petitioner desires to effect a change of zone for the purpose of constructing nine (9) residential condominium units with mooring spaces available in an adjoining boat basin for power and/or sail boats. The premises in question lie within, in part, the Incorporated Village of Greenport, and, in part, in the Town of Southold. With re- spect to that part which lies within the Village of Greenport, it is requested that change of zone be made from a General Commercial Dis- trict to a Waterfront Commercial District. As concerns those lands within the Town of Southold, it is requested thata change of zone be made from "C" Light Industrial District to "M" Light Multiple-Residence District. The proposed project would enhance the waterfront area in that exist- ing dilapidated structures would be removed and replaced with highly valued residential buildings. The tax base of the property would be substantially increased without a great demand upon existing municipal facilities. From an esthetic and environmental viewpoint the area would be transformed from one of non-use ~one of attractive usuage-- in all areas the community will benefifi'~ora' ~ch..a-b~.~f~a~-p~oje~ ~ /~ ~ i/ /. / ~--- \. 2 / STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) STEPHEN SHILOWITZ .............................................. , BEING DULY S'~VORN, deposes and says that he is the petitioner in the within action; that lie has read the foregoing Petition and knows the contents thereo[; that the same is true to his (~gr~ own kaoxvledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. Sworn to before me this /.~..~. dg. yvf . ~' C 7o ~:~,- 4 19 8 1 RICHARD J. CRON ~mm~,on Exp,res A4orch 30, 19~ TOWN OF SOUTHOLD - ZONE DESCRIPTION SCHEDULE "A" PARCEL A ALL that certain plot, piece or parcel of land, with the buildings thereon erected, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove distant on a course North 46 degrees 30 minutes 00 seconds West 355.53 feet to the southwesterly corner of land now or formerly of Harvey (said point being the southerly point of upland conveyed by the J & J W. Elsworth Company to Franklin C. Ashby by a deed dated 1/3/56, recorded 1/9/56 in Suffolk County Clerk's Office in Liber 4051 cp 255); RUNNING THENCE along land of "Community Beach" North 47 degrees 13 minutes 20 seconds East 130.38 feet to land now or formerly of Braun; thence along said last mentioned land South 82 degrees 41 minutes 20 seconds East to a point marking the northwesterly cor- ner of lands of Village of Greenport; THENCE along the westerly line of lands of Village of Greenport, South 6 degrees 58 minutes 35 seconds West 176.72 feet to a point at the southwesterly corner of the lands of Village of Greenport; THENCE along the southerly line of lands of Village of Greenport, South 37 degrees 35minutes 40 seconds East 187159 feet to the north- westerly line of land now or formerly of Harvey; THENCE along thenorthwesterly line of said land now or formerly of Harvey, South 29 degrees 5 minutes 40 seconds West 0.39 feet to the ordinary high water mark of Pipes Cove; THENCE along the ordinary high water mark of Pipes Cove in a general northwesterly direction to the point or place of BEGINNING, the last course being described by a tie only as North 46 degrees 30 minutes 00 seconds West 355.53 feet to the point or place of BEGINNING. PARCEL B ALL that certain tract or parcel of land now or formerly under the ordinary high water mark of Pipes Cove, together with the building thereon, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove distant on a course North 46 degrees 30 minutes 00 seconds West 355.53 feet from the southwesterly corner of land now or formerly of Harvey (said point being the southerly point of upland conveyed by J & J W. Elsworth Company to Franklin Co Ashby by a deed dated 1/9/56 recorded 1/9/56 in Suffolk County Clerk's Office in Liber 4051 cp 225). RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general southeasterly direction to land now or formerly of Harvey a distance measured by a tie line only on a course South 46 degrees 30 minutes 00 seconds Wast af 355.53 feet; RUNNING THENCE into the waters of Pipes Cove at right angles to said ordinary high water mark in a southwesterly direction a distance of 100.00 feet; THENCE North 46 degrees 30 minutes 00 seconds West a distance of about 340 feet to the southeasterly line of a grant of land under the water conveyed by J & J W Elsworth Company to Franklin C. Ashby in the deed aforesaid; THENCE North 33 degrees 43 minutes 20 seconds East about 106 feet to the point or place of BEGINNING. ir, at !h,e f~re~,_~ze.~ ,,ill use cu, r~er,t!? c..':,ilcL, lc St,fo;mutton concerning p::,9,;z~ and the lz~._~)' impacts of the oct~on. It is not expected that ~:JL.r,~fJcen~ :;rid c o:.r,:plutcd Enviror, men~al As~es~m.z-r,E Fezm is necessary. (c) IF oll questions hove been cnsv,'ered No it 3.5 likely that this :~:'cj'_zt is r, eL sigqi~'icont. i. ,','Lit [.,reject result in o large physical change ~o ~}.~. projec~ site or physically ~11~' more then 10 acres of land? ........................ Yes ~1o 2. Will there be a major change to any unique or unusual lend fo~m found on the site? .......... Yes ~_ Will projec~ alter or hove a large effect on existing body of wo~er? ....................... Yms ~No 4. Will projec~ have o po~en~iolly large impoc~ on gz'ou6dwoker quality? ....................... Yes 5. Will project significantly effect Flow on adjacen~ sites? ........................ Yes ~No 6. ,,~11 project effect any threatened or er, der, gored plon~ or animal saecics? ........... Yes 7. Will.projecf~ .. ,resul¢~ in o major adverse effect ,, sa esr quo~z[/. ............................... ~es tls 8. ','.'~11 prc)ecL ho~.e a ~qojor effect on ch, erector of the community or scer. i: views '.'i $'.as ~:nov,'n to be imporLo~,t ~o I_~ae ,CC,i'r:L'r~z~? Yes ~0 Q. ~,'.'i~l projec~ odversel>.' impoc~ on/ si~e or ~tru~u~ et historic, prehistoric or paleontological impatience or any si~e designs%ed os o critical en'.,ironmen~ol oreo by o local agency? ............ - .... · ....... -.. .... Yes No 10. %Vill projec~ hove o major effect on existing or future recreational opportunities? ......... Yes / No 11. Will pt-eject result in mo jar traffic problems or cause o mo jar effect ~o existing tronspor[olion systems9 ....................... Yes~,[o 12. %'/ill projec~ regularly cause objectionable od~rs., noise, glare, vibration, or electrical disturbance os o result of the projecL's / operolion? .................................... Yes~ [ 13. Will project hove any impoc~ on sub!ia health / or sofety? .................................... Yes~ ~ 14_ ,,~11 projec% ~ffccL Lhe exzs%ir,~; d/r,:c~]y CClus]ng o gro',t~h in pzpu!i~i,z,n o~ more ~hon 5 p~:rcer, t ove, o or,e >eot F, erizd or hove o mo]o~ nwEo~/xe on the c~.3rocter of the community neighborhood? ................................. Yes 15. Is there public controversy coac~reir, g tke oroj~ct? ..................................... Yes .... .... '-:_ .... TOWN BOARD, TOWN OFSOUTHOLD In the Matter of tile Petition of STEPHEN SHILOWITZ, to the Town Board of tile Town of Southold. TO: Cove CirCle Associates Box 260 Greenport, N.Y. 11944 Alexander Scott 286 Ivy Avenue Westbury, NY 11590 Lou{s Greenhalgh Sixth Street Greenport, N.Y. 11944 Village of Greenport 236 Third Street Greenport, N.Y. 11944 NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of theTown of Southold to request a__ change of zone to the Zoning Ordinance of the Tm~ n~: Southold. 2~Thatthepr~pertywhichisthesubject~fthePetiti~nis~catedadjace~tt~y~urpr~pertya~disdes- cribedasfollows: premises contiguous to the westerly and southerly boundaries of land of,the Village of Greenport situate at Sixth Street on Peconic Bay~ Greeqport~ New york. 3.Thatthepr~whichistbesub~ect~fsuchPetiti~nis~catedinthef~wingz~ningdistrict: Light Industrial 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: "M" Light Multiple-Residence 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Soutbold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to ap- pear and be heard at such hearing. Dated: October 29t 1981 Stephen Shilowitz Petitioner Post Office Address: 330 East 33rd Street New York, New York NAME ?ROOF OF MAILING OF NOTICE ADDRESS Cove Circle Associates Box 260, Greenport, N.Y. 11944 Alexander Scott 286 Ivy Avenue, Westbury, N.Y. 11590 Louis Greenhalgh Sixth Street, Greenport, N.Y. 11944 Village of Greenport RECE[PT FOR CERTIFIEO MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL ,See Reversel I~;~'~s Groenha lgh 11944 236 Third Street, RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL ~lage of Oreenportj 236 Third Street Greenport NY 11944 Greenport, N.Y. 11944 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED- NOT FOR INTEHNATIONAL MAlt IA lexander Scott / ~'~L~I ~'~.~ Avenue 11590 JANE FLATLEY , residiog at Mattituck, New York, , being cluly sworn, deposes and says that on the 29th day of October ,19 81 , deponent mailed a true copy of the Notice set forth on tbe reverse side hereof, directed to each of the above-named persons at the addresses set opposite tbeir respective names; tbat the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur- rent assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Cutchogue ; that said Notices were mailed to each of said persons by (certified) (lle:ffix~l~ mail. -/ Jane Flatley Sworn to me this 29th day of Oc Lober "1 .19 8 i RICHARD J, CRGN R~U Public, State of New fork ~ 52-58612B~ * Suffolk County Commission ~plres March 30, 19~ / /